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New Mexico DWI Laws & Penalties

New Mexico DWI

If you are pulled over on suspicion of a New Mexico DWI, you will be asked to take a chemical test. If your blood alcohol level is .08% or higher, you are above the legal limit and without proving intoxication the prosecution may convict you of violating the New Mexico 'per se' law. When this occurs, you will be facing both a criminal court case and a Motor Vehicles Division case. Each one carries its own consequences and punishments.

The first thing you need to do after being arrested for a New Mexico DWI is contact a lawyer, because you have a limited amount of time that you can wait before requesting your MVD hearing. If you wait too long, you will automatically lose your license. A lawyer will help you to protect your right to drive.

Proving Guilt in a New Mexico DWI Case

You can be proven guilty of a New Mexico DWI in two ways. The easiest way to prove that you were or were not guilty of driving drunk is through a blood alcohol concentration test. If you are driving with .08% or higher BAC, you could be guilty of violating the New Mexico per se law without any proof of intoxication. 



However, in New Mexico you do not have to be chemically tested in order to prove guilt. If you are exhibiting drunk driving patterns or fail a field sobriety test, you can also be found guilty. You do have the right to go to trial to defend yourself in a drunk driving case in the state of New Mexico. 

New Mexico First Offense DWI Penalties

  • Up to 90 days in jail (aggravated DWI has minimum of 48 consecutive hours in jail)
  • $500 in fines or a minimum of 48 hours community service and a $300 fine
  • $200 in court costs
  • Education and counseling
  • Community Service
  • Probation
  • License revocation for 90 days
  • Ignition interlock system mandatory on .08 or greater convictions

New Mexico Second Offense DWI Penalties

  • Jail time of 3 days to 364 days (aggravated DWI has a minimum of 96 consecutive hours in jail)
  • Fine between $500 and $1,000
  • Probation
  • Completion of DWI school and an alcohol or drug abuse screening and treatment program
  • 48 hours of Community Service
  • Drivers license revocation for 1 year
  • Ignition interlock system mandatory for 1 year as a condition of probation

New Mexico Third Offense DWI Penalties

  • Minimum of 30 days of consecutive jail time up to 1 year (aggravated DWI has a minimum of 60 consecutive days in jail)
  • $750 to $1,000 in fines
  • Drivers license revocation for 1 to 10 years
  • Completion of DWI school and an alcohol or drug abuse screening and treatment program
  • Probation
  • Community service may apply
  • Ignition interlock system mandatory

New Mexico Fourth or Subsequent Offense DWI Penalties

  • Fourth degree felony conviction
  • 6 months to 1 year in jail
  • $750 to $1,000 in fines
  • Drivers license revocation for 5 years
  • Completion of DWI school and an alcohol or drug abuse screening and treatment program
  • Probation
  • Ignition interlock system mandatory for 1 year

New Mexico BAC Assumptions

  • BAC levels under .04 are not considered to be under the influence
  • BAC levels of .04 to .079 are not considered to be under the influence, but could be considered with other evidence
  • BAC levels of .08 or greater are considered to be under the influence

New Mexico Implied Consent Laws

  • Chemical testing is allowed. Either blood or breath as selected by the officer.
  • The officer is required to advise the defendant as to their rights to an independent chemical test.
  • Test refusal results in a 90 day to 1 year license suspension.

Chemical Testing

  • Blood draws for police testing must be administered by a licensed physician, registered nurse or other qualified person.
  • The defendant has the right to have an independent chemical test done by a qualified person of their choice. The cost of an independent test is the defendant's responsibility.
  • Test results must be made available to the defendant and his or her New Mexico DWI attorney upon request.

A New Mexico DWI attorney can help you tremendously lessen the punishments you may face if not get out of the DWI charge all together.  Click here for a free discussion with one of our skilled aggressive New Mexico DWI lawyers . 

SR22 Insurance Considerations after a New Mexico DWI

New Mexico also requires those convicted of a DWI offense to carry SR-22 insurance policies which are a form of high risk auto insurance coverage.  These types of policies can get pretty expensive and again they are required by the New Mexico Department of Motor Vehicles for a period of 3 years for anyone convicted of DWI in the state.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of New Mexico and has worked out a special discount only available here to our website visitors.

You won't be able to find a cheaper SR22 insurance policy in New Mexico for any less.  Type in your zip code below so we can provide you with the cheapest rates in your area.





Additional New Mexico DWI Resources

  • New Mexico DWI First Offense -  Detailed first offense information including punishments after a first offense DWI in New Mexico.

  • New Mexico SR22 Insurance -  Learn everything you need to know about New Mexico SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your NM SR22 insurance.

  • New Mexico DWI Lawyers -   Contact one of our New Mexico DWI lawyers today.