DWI Penalties   The High Cost of DWI

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

2st 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.
  • Up to 364 days jail, mandatory 30 days in jail.
  • Up to $1,000 fine, $750 mandatory .
  • Other mandatory penalties: alcohol evaluation, community service, treatment, ignition interlock for 3 years, ignition interlock license issued by MVD.
  • Other conditions: Up to 5 years probation.

4th Offense
FELONY 4th DEGREE

  • Lifetime license revocation with 5 year court review.
  • Up to 18 months prison, 6 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.

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 information relevant to DWI
offenses:

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.

OTHER RELATED OFFENSES

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.

OTHER RELATED INFORMATION

  • Required BAC to charge DWI for commercial driver = .04
  • Required BAC to charge DWI for a minor = .02

As of July 1, 2013

DWI INTERLOCKS FOR CERTAIN CRIMES
SB 442

  • The law amends statutory sections within the Motor Vehicle Code to allow the issuance of an ignition interlock license to a person convicted of homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs, after completion of the sentence for that crime, including probation and parole.
1(888) 422-NMSP
1(888) 422-6677
  • emergency numbers

    NM DWI EMERGENCY


    Drunk Busters
    #DWI (cell phones only)
    1 (877) DWI-HALT
    1 (877) 394-4258

    DIAL 911
    New Mexico State Police
    1 (888) 422-NMSP
    1 (888) 442-6677