New Mexico DUI Penalties

New Mexico DUI laws and penalties

Each State within the United States is given the authority to write their own laws for Driving Under the Influence, or better known as DUI. Within this article we will explore the different laws within the State of New Mexico, and their penalties. To begin with, New Mexico utalizes the same weights and measures to judge a DUI under the terminology of DWI, or Driving While Intoxicate. 

What constitutes a high BAC for a DUI/DWI in New Mexico?

  • Under 21: .02%
  • 21 or Older: .08%
  • Commercial: .04%

There is never an acceptable time to drink and drive as your vision, reasoning, along with your mental capacity to make important decisions and judgments is severely hindered and are not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different, and their tolerance level of alcohol is severely unpredictable making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical tests on suspecting DUI offenders. If you are pulled over and are requested to take a chemical test to determine your BAC, or Blood Alcohol Level, New Mexico has an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take a chemical test, the penalties are as follows:

  • First Offense: 1 year license suspension
  • Second Offense: 1 year license suspension
  • Third Offense: 1 year license suspension

What are the penalties within New Mexico DUI law?

There are many penalties within the New Mexico DUI laws, and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence of alcohol, or Driving While Intoxicated, within the boarders of the State of New Mexico, the following are the penalties you will be facing:

Penalty of Jail

  • First Offense: Up to 90 days
  • Second Offense: 96 hours up to 364 days
  • Third Offense: 30 days to 364 days
  • Fourth Offense: 6 to 18 months
  • Fifth Offense: 1 to 2 years

Penalties and Fines

  • First Offense: Up to $500
  • Second Offense: $500 to $1,000
  • Third Offense: $750 to $1,000
  • Fourth Offense: Up to $5,000
  • Fifth Offense: Up to $5,000

Penalty of License Suspension

  • First Offense: Up to 1 year
  • Second Offense: 2 years
  • Third Offense: 3 years
  • Fourth Offense: Lifetime with a 5 year review
  • Fifth Offense: Lifetime witha 5 year review

Penalty of an Ignition Interlock Device (IID)

  • First Offense: Yes
  • Second Offense: Yes
  • Third Offense: Yes
  • Fourth Offense: Lifetime after a 5 year review
  • Fifth Offense: Lifetime after a 5 year review


It is important to note that laws change, as well as their interpretation and application of them. Due to the fact that there are multiple jurisdicitons within a State and each may choose to enforce the laws in different ways, it is important to prepare for the unexpected. For this reason you would be wise to retain the services of a professional and exprienced lawyer who is well versed in the DUI/DWI laws in the State of New Mexico and is capable of giving you the direction you need for your specific case, along with being fully aware of the current laws pertaining to DUI. 

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