DWI
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
- An ignition interlock license for 1 year with an ignition interlock device in every vehicle driven during that time
- Up to 90 days in jail
- Up to a $500 fine
- Up to 1 year on probation
- Mandatory Penalties: 24 hours community service, DWI School, Victim Impact Panel, and completing a substance abuse screening and follow all recommended treatment
MISDEMEANOR
- An ignition interlock license for 2 years with an ignition interlock device in every vehicle driven during that time
- Up to 364 days in jail, 96 consecutive hours jail is mandatory
- Up to a $1000 fine, $500 mandatory
- Up to 5 years on probation
- Mandatory Penalties: 48 hours community service, completing a substance abuse screening and follow all reommended treatment, and completing a 28 day in-patient or a 90 day out-patient substance abuse treatment program, or a drug cour program
MISDEMEANOR
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time
- Up to 364 days in jail, 30 consecutive days jail is mandatory
- Up to a $1,000 fine, $750 mandatory
- Up to 5 years on probation
- Mandatory Penalties: 96 hours community service, completing a substance abuse screening and follow all recommended treatment, and completing a 28 day in-patient or a 90 day out-patient substance abuse treatment program, or a drug court program
4TH DEGREE FELONY
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
- Up to 18 months in prison, 6 months jail mandatory
- Up to a $5,000 fine
- Up to 5 years on probation
- Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
4TH DEGREE FELONY
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
- Up to 24 months in prison, 12 months jail mandatory
- Up to a $5,000 fine
- Up to 5 years on probation
- Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
3RD DEGREE FELONY
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
- Up to 30 months in prison, 18 months jail mandatory
- Up to a $5,000 fine
- Up to 5 years on probation
- Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
3RD DEGREE FELONY
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
- Up to 3 years in prison, 2 years prison mandatory
- Up to a $5,000 fine
- Up to 5 years on probation
- Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
2ND DEGREE FELONY
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
- Up to 12 years in prison, 10 years prison mandatory
- Up to a $10,000 fine
- Up to 5 years on probation
- Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
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.
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.
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.
Required BAC to charge DWI for commercial driver = .04
Required BAC to charge DWI for a minor = .02
