New Mexico DWI and DUI Laws

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New Mexico DWI Laws



It's no secret that drinking and driving don't mix, yet every year in the U.S. thousands of deaths are caused by drunk driving. That's why New Mexico has set strict rules when it comes to driving while intoxicated (DWI). According to New Mexico DWI laws, if you are caught driving with a blood alcohol content (BAC) of 0.08 or higher, you will face serious consequences.

Penalties

The penalties for breaking New Mexico DWI laws vary depending on the circumstances. In general, you will get some or all of the following penalties:

  • Imprisonment
  • Fines (typically much steeper than other New Mexico traffic ticket fines)
  • Community service
  • Loss of driving privileges (suspended license in New Mexico)
  • Driver education course
  • Psychological evaluation
  • Ignition interlock device required
  • Court fees

New Mexico DWI Penalties by Offense

1st Offense

  • Up to 90 days in jail
  • 6 months to 1 year of license revocation
  • 1 year of ignition interlock
  • DWI school
  • Alcohol evaluation
  • Community service
  • Treatment

2nd Offense

  • Between 96 hours and 364 days of jail time
  • 2 years of license revocation
  • Fine between $500 and $1,000
  • 2 years of ignition interlock
  • Alcohol evaluation
  • Community service
  • Treatment
  • Up to 5 years of probation

3rd Offense

  • Between 30 days and 364 days of jail time
  • 3 years of license revocation
  • Between $750 and $1,000 fine
  • 3 years of ignition interlock
  • Alcohol evaluation
  • Community service
  • Treatment
  • Up to 5 years of probation

4th Offense

  • Between 6 months and 18 months of jail time
  • Lifetime license revocation with 5-year court review
  • Up to $5,000 fine
  • Lifetime ignition interlock with 5-year court review
  • Alcohol evaluation
  • Treatment
  • Up to 5 years of probation

5th Offense

  • Between 1 year and 2 years of jail time
  • Lifetime license revocation with 5-year court review
  • Up to $5,000 fine
  • Lifetime ignition interlock with 5-year court review
  • Alcohol evaluation
  • Treatment

6th Offense

  • Between 18 months and 30 months of jail time
  • Lifetime license revocation with 5-year court review
  • Up to $5,000 fine
  • Lifetime ignition interlock with 5-year court review
  • Alcohol evaluation
  • Treatment

7th(or Subsequent) Offense

  • Between 2 years and 3 years of jail time
  • Lifetime license revocation with 5-year court review
  • Up to $5,000 fine
  • Lifetime ignition interlock with 5-year court review
  • Alcohol evaluation
  • Treatment

Other Alcohol-Related Offenses

You can break New Mexico DWI laws in other ways too. Additional offenses include:

Aggravated DUI (Having a 0.16 BAC or higher, refusing to take a BAC test, or causing bodily harm while DWI)

  • 1st Offense: Additional 2 days of jail time
  • 2nd Offense: Additional 4 days of jail time
  • 3rd Offense: Additional 60 days of jail time

Driving while License Revoked for DWI

  • Additional license revocation period of 1 year
  • Additional 7 days to 1 year of jail time
  • Additional fine between $300 and $1,000
  • 30 days of immobilization for vehicle driven by offender

Selling or Giving Alcohol to a Minor

  • Knowingly selling/serving/giving alcoholic beverages to a minor (an individual under the age of 21), or assisting a minor in the purchase of alcoholic beverages, or permitting a minor to consume alcoholic beverages, is a 4th degree felony.

DWI Awareness

The state of New Mexico requires all new drivers between the ages of 18 and 24 to complete a DWI awareness program (a self-taught course called None for the Road) when they apply for a driver's license. If you're in this age range and are looking to apply for your license, be sure you take this course.

New Mexico DWI laws are some of the toughest in the country. And even more so than other New Mexico traffic tickets and violations, a DWI will follow you for the rest of your life. So do the smart thing and stay away from alcohol if you know you're going to be driving.


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