New Mexico DUI / DWI Lawyers

New Mexico Drunk Driving Fines & Penalties

  • In New Mexico, it is illegal to drive with a breath or blood alcohol concentration of .08 or more if you're 21 or over, or .02 if you're under 21, or .04 if you drive a commercial vehicle.
  • If your breath or blood test is at or above the legal limit, or if you refuse to take the breath or blood test, you will lose your license, in most cases for a year.
  • You can be convicted of DWI even if the breath or blood test is below the legal limit if it is proven that your ability to drive was impaired to the slightest degree by drugs or alcohol.
  • People who drive after drinking risk heavy fines, higher insurance rates, loss of license and jail sentences.

What are the penalties for a DUI/DWI in New Mexico?

1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
Jail Up to 90 days 96 hours up to 364 days 30 days up to 364 days 6 to 18 months 1 to 2 years
Fines and Penalties Up to $500 $500 to $1,000 $750 to $1,000 Up to $5,000 Up to $5,000
License Suspension Up to 1 year 2 years 3 years Lifetime (with 5 year review) Lifetime (with 5 year review)
IID** Required Yes Yes Yes Lifetime (after 5 year review) Lifetime (after 5 year revie

First Offense DWI/DUI in New Mexico

Drivers convicted of a first DUI/DWI in New Mexico face administrative and criminal penalties. Minors and commercial drivers in the state of New Mexico may face different penalties

First offense convictions in New Mexico carry no mandatory minimum period of incarceration, but a court may order incarceration for a period of ninety (90) days

Community service mandates may be imposed by courts, as well as mandate to attend alcohol/substance abuse treatment or counseling

Drivers arrested for DUI/DWI in New Mexico face administrative license revocation of six months for a first offense, with the potential of up to one year upon conviction. Refusals to submit in New Mexico, under implied consent laws, result in one year mandatory license revocation


Reinstatement of license requires use of ignition interlock devices for one year, as well as attendance at DWI school, and completion of alcohol assessment, or treatment

Second Offense DWI/DUI in New Mexico

The punishments for a second DUI in New Mexico are set forth in section 66-8-102(F) of the state’s statutes. These laws establish the criminal and administrative penalties for driving under the influence and allow the court to consider any prior DUI’s occurring anytime within the offender’s driving history.


A second time DUI offender in New Mexico must be imprisoned for no less than 96 hours and no longer than a year. If the prison term is suspended, the court can place the offender on probation for up to five years. The court can also order him to attend a 28 day residential and a 90 day outpatient treatment program and fine him from $500 to $1000.

There are different penalties for aggravated DUI, which occurs when a driver has a blood-alcohol level of .16% or higher, refuses to submit to chemical tests, or who causes another individual bodily harm as a result of driving while intoxicated. In this circumstance, the court can sentence the offender to at least 96 hours and no more than one year in prison, community service and treatment programs.


Third Offense DWI/DUI in New Mexico

A third DWI/DUI in New Mexico is classified as a misdemeanor. If convicted, an offender faces stiff criminal and administrative penalties. Keep in mind that New Mexico does not have a lookback period --  the period of years during which a previous DUI is considered a "prior." In otherwords, all previous DWIs count on a driver's record regardless of when they occurred.

  • You will need to spend anywhere from 30 to 364 days in jail depending on the ruling.
  • A minimum fine of $750 to $1000 for the offense will be incurred.
  • There will be a minimum of a three year suspension of your license following a conviction.
  • After the three year license suspension you will be required to have an ignition interlock device put on your car for three additional years.
  • You will be required to receive treatment for alcohol abuse.
  • You will be required to do some form of community service.
  • You may also receive probation for up to 5 years following your release from prison.
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