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New Mexico DUI Laws


New Mexico DUI Laws are strict with regard to DWI offenses. The state of New Mexico immensely discourages drunk driving that is why they launched Operation DWI. This program targets drunk drivers in the state of New Mexico and conducts sobriety checkpoints conducted six times a year. You can be arrested of DWI if the blood alcohol content in your system is 0.08% or above.

For minors, BAC should be 0.02% or above to qualify for a DWI and 0.04% or above for commercial vehicle drivers.

Another instance when you can be arrested for DWI is during an alcohol or drug intoxication that has impaired your driving. This will be determined by the arresting officer basing on your driving patterns, physical appearance, and field sobriety tests performance.

If you are arrested you will face a criminal court case and a Motors Vehicle Division case.

The first case will decide on the penalties, fines, and sanctions that you have to comply and the second case will decide on the duration of your license suspension.

Moreover, the MVD also determines the punishment you will receive if you refused the request of the police officer to undergo a BAC test to determine the alcohol content in your system during your arrest.

If convicted of DWI, the following sanctions will apply:

1. First DWI offense – jail time of up to 90 days and license suspension of up to 1 year;
2. Second DWI offense – jail time of a minimum of 96 hours up to 364 days, minimum fine of $500 up to $1,000, and license suspension of up to 2 years;
3. Third DWI offense – jail time of a minimum of 30 days to 364 days, minimum fine of $750 up to $1,000, and license suspension of up to 3 years;
4. Fourth DWI offense – jail time of a minimum of 6 months to 18 months, fines of up to $5,000, and a lifetime suspension of driver’s license subject to review after 5 years. This case is now considered a felony offense; and
5. Fifth DWI offense – jail time of a minimum of 1 year to 2 years, fines of up to $5,000, and a lifetime suspension of driver’s license subject to review after 5 years. Like the previous case, this offense is now considered a felony.

New Mexico DUI Laws also mandate some other punishment along with these penalties, fines, and license suspensions. You will be asked to enroll in a DWI school and render community service. You will undergo alcohol evaluation and the court might order you to undergo treatment depending on the gravity of your intoxication.