Penalties
You are in violation of New Mexico’s DWI laws when you drive a vehicle with a blood or breath alcohol content of .08% or higher, or by driving while impaired due to the influence of drugs or alcohol.
A DWI conviction can have both civil and financial consequences. New Mexico drunk driving criminal court cases can result in punishment that includes jail time, fines, mandatory DWI educational programs, ignition interlock devices, and more. A DWI conviction may result in a driver’s license suspension from 90 days to one year or more.
1st Offense
MISDEMEANOR
6 months to 1 year license revocation
6 months for failing a breath or blood test
1 year for refusing a breath or blood test
1 year for a prior criminal conviction in court
1 year if under 21 and failing or refusing a breath or blood test
Up to 90 days jail and up to $500 fine
Mandatory: DWI school, alcohol evaluation, ignition interlock for 1 year, ignition interlock license issued by MVD and 24 hrs of community service.
Discretionary: $300 fine
Other conditions: treatment
2nd Offense
MISDEMEANOR
2-year license revocation.
Up to 364 days jail, 96 hours mandatory jail time.
Up to $1,000 fine, $500 mandatory
Other mandatory penalties: alcohol evaluation, 48 hours of community service, treatment, ignition interlock device for two years and ignition interlock license issued by MVD.
Other conditions: Up to 5 years probation.
3rd Offense
MISDEMEANOR
3 year license revocation
6 months for failing a breath or blood test
1 year for refusing a breath or blood test
1 year for a prior criminal conviction in court
1 year if under 21 and failing or refusing a breath or blood test
Up to 364 days jail and up to $5000 fine
Mandatory: DWI school, alcohol evaluation, ignition interlock for 3 years, ignition interlock license issued by MVD and 24 hrs of community service.
Discretionary: $300 fine
Other conditions: Up to 5 years probation
4th Offense
FELONY 4th DEGREE
Lifetime license revocations with 5 year court review.
6 months for failing a breath or blood test
1 year for refusing a breath or blood test
1 year for a prior criminal conviction in court
1 year if under 21 and failing or refusing a breath or blood test
Up to 18 months prison, 6 months mandatory.
Up to $5000 fine
Mandatory: DWI school, alcohol evaluation, lifetime ignition interlock with 5 year review, ignition interlock license issued by MVD.
Discretionary: $300 fine
Other conditions: treatment
5th Offense
FELONY 4th DEGREE
Lifetime license revocation with 5 year court review.
Up to 2 years prison, 1 year mandatory imprisonment.
Up to $5,000 fine.
Other mandatory penalties: alcohol evaluation, treatment, lifetime ignition interlock with 5-year court review, and ignition interlock license issued by MVD.
6th Offense
FELONY 3rd DEGREE
Lifetime license revocation with 5 year court review.
Up to 30 months in prison, 18 months mandatory imprisonment.
Up to $5,000 fine.
Other mandatory penalties: alcohol evaluation, treatment, lifetime ignition interlock with 5-year court review, and ignition interlock license issued by MVD.
7th or Subsequent Offense
FELONY 3rd DEGREE
Lifetime license revocation with 5 year court review.
Up to 3 years in prison, 2 year mandatory imprisonment.
Up to $5,000 fine.
Other mandatory penalties: alcohol evaluation, treatment, lifetime ignition interlock with 5-year court review, and ignition interlock license issued by MVD.
Additional DWI Offense Information
Aggravated DWI occurs when .16 BAC or above, refusal to take breath or blood test, or being involved in a crash that caused bodily injury while DWI
1st offense: in addition to basic sentence, additional 2 days jail.
2nd offense: in addition to basic sentence, additional 4 days jail.
3rd offense: in addition to basic sentence, additional 60 days jail.
Driving while revoked for DWI misdemeanor
1-year revocation added to current revocation period.
This is an arrestable offense.
Up to 364 days in jail, 7 days mandatory jail time.
Up to $1,000 fine; $300 mandatory fine.
Other requirements: 30 days immobilization of vehicle driven
by offender.
Selling or Giving Alcohol to a minor
FELONY 4th DEGREE
To knowingly sell, serve or give alcoholic beverages to a minor, or to permit a minor to consume alcoholic beverages, or to assist a minor to buy alcoholic beverages.
*Does not apply to parents serving their own children in their home, or to an adult spouse of a minor.
*Does not apply to the use of alcohol in practice of religious beliefs.
*A minor is defined as someone under 21 years of age.
Chargeable BAC levels
Required BAC to charge DWI for commercial driver = .04
Required BAC to charge DWI for a minor = .02
Click on the following resources for more information on DWI laws in New Mexico.
You are in violation of New Mexico’s DWI laws when you drive a vehicle with a blood or breath alcohol content of .08% or higher, or by driving while impaired due to the influence of drugs or alcohol.
A DWI conviction can have both civic and financial consequences. New Mexico drunk driving criminal court cases can result in punishment that includes jail time, fines, mandatory DWI educational programs, ignition interlock devices, and more. A DWI conviction may result in a driver’s license suspension from 90 days to one year or more.
A first offense penalty for DWI in New Mexico is punishable with up to 90 days in jail, up to a $500 fine, or both, and approximately $200 in court costs. You may also be forced to attend a first offenders program (sometime referred to as DWI School), alcohol screening with counseling; perform community service, attend the victim impact panel; and/or serve probation resulting in fees of about $150.
If your first drunk driving offense is an aggravated DWI, a minimum of 48 hours in jail is mandatory in addition to the other penalties. Aggravated DWI includes driving with an
alcohol level of .16% or greater, causing bodily injury while DWI, or refusing to submit to a chemical test while DWI.
