New Mexico DUI Penalties | Consequences of Drunk Driving in New Mexico : Jail Time, Fines, License Suspension
First DWI:
- Imprisonment: Up to 90 days
- Driver's License Revocation: 6 months - 1 year
- Mandatory DWI School, alcohol evaluation, ignition interlock for 1 year, and community service
Second DWI:
- Imprisonment: Up to 364 days, 96 hours mandatory
- Fines: Up to $1,000, $500 mandatory
- Driver's License Revocation: 2 years
- Mandatory alcohol evaluation, community service, treatment, ignition interlock for 2 years
- Up to 5 years probation
Third DWI:
- Imprisonment: Up to 364 days, 30 days mandatory
- Fines: Up to $1,000, $750 mandatory
- Driver's License Revocation: 3 years
- Mandatory alcohol evaluation, community service, treatment, ignition interlock for 3 years
- Up to 5 years probation
New Mexico Aggravated DUI
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New Mexico Aggravating Factors to DWI include:
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First Offense: additional 2 days jail mandatory Second Offense: additional 4 days jail mandatory Third Offense: additional 60 days jail mandatory. |
Fourth DWI (4th Degree Felony):
- Imprisonment: Up to 18 months, 6 months mandatory
- Fines: Up to $5,000
- Driver's License Revocation: Lifetime with 5 year court review
- Mandatory alcohol evaluation, treatment, lifetime ignition interlock with 5 year court review
Fifth DWI (4th Degree Felony):
- Imprisonment: Up to 2 years, 1 year mandatory
- Fines: Up to $5,000
- Driver's License Revocation: Lifetime with 5 year court review
- Mandatory alcohol evaluation, treatment, lifetime ignition interlock with 5 year court review
Sixth DWI (3rd Degree Felony):
- Imprisonment: Up to 30 months, 18 months mandatory
- Fines: Up to $5,000
- Driver's License Revocation: Lifetime with 5 year court review
- Mandatory alcohol evaluation, treatment, lifetime ignition interlock with 5 year court review
Seventh or Subsequent DWI (3rd Degree Felony):
- Imprisonment: Up to 3 years, 2 years mandatory
- Fines: Up to $5,000
- Driver's License Revocation: Lifetime with 5 year court review
- Mandatory alcohol evaluation, treatment, lifetime ignition interlock with 5 year court review
New Mexico DUI Laws - Relevant Statutes
New Mexico Statutes
Chapter 66 Article 8 Part 2 Traffic Offenses
- 66-8-102 Driving under the influence of intoxicating liquor or drugs; aggravated driving under the influence of intoxicating liquor or drugs; penalties
- 66-8-102.1 Guilty pleas; limitations
- 66-8-102.2 Municipal and county ordinances; unlawful alcohol concentration level for driving while under the influence of intoxicating liquor or drugs
- 66-8-102.3 Imposing a fee; interlock device fund created
- 66-8-102.4 Uniform police reports and procedures for DWI arrests
- 66-8-103 Blood alcohol tests directed by police, judicial or probation officer; persons qualified to perform tests; relief from civil and criminal liability
- 66-8-104 Blood-alcohol tests; police, judicial or probation officer unauthorized to make arrest or direct test except in performance of official duties authorized by law
- 66-8-105 Implied Consent Act; short title
- 66-8-107 Implied consent to submit to chemical test
- 66-8-108 Consent of person incapable of refusal not withdrawn
- 66-8-109 Administration of chemical test; payment of costs; additional tests
- 66-8-110 Use of tests in criminal actions or civil actions; levels of intoxication; mandatory charging
- 66-8-111 Refusal to submit to chemical tests; testing; grounds for revocation of license or privilege to drive
- 66-8-111.1 Law enforcement officer agent for department; written notice of revocation and right to hearing
- 66-8-112 Revocation of license or privilege to drive; notice; effective date; hearing; hearing costs; review
The skilled New Mexico DUI lawyers on this site can help you with all aspects of your drunk driving arrest including: further information on DUI penalties, fines, and consequences, administrative driver's license suspension or revocation, Under 21 DUI Drunk Driving and Zero Tolerance Laws, SR-22 insurance, DUI School, Mothers Against Drunk Driving (MADD) Victim Impact Panels, how to beat a DUI, Ignition Interlock Devices, SCRAM Continuous Alcohol Monitoring Device, DUI Expungement, DUI Diversion, Community Service, and all other issues surrounding your New Mexico Drunk Driving DUI Arrest.
New Mexico DUI Attorneys can help fight for your Rights following a DUI arrest in Albuquerque, Las Cruces, Rio Rancho, Roswell, Santa Fe, or anywhere else in New Mexico.