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New Mexico Attorney Cynthia Payne

New Mexico DWI Laws

Definition of DWI in New Mexico

Sometimes people are arrested for a DWI charge but don’t understand what the laws are or how they are applied. If a driver’s blood alcohol concentration exceeds a certain limit, there is the assumption that the person is unable to drive safely. If you are dealing with DWI charges, the attorneys at New Mexico Legal Group will protect your rights and make sure you exercise all of the legal options that will benefit your case.

According to NMSA 66-8-102, it is illegal for a person to drive a vehicle if he is under the influence of alcohol and/or drugs. The unlawful blood alcohol limit varies for different drivers depending on their age and whether they have a commercial driver’s license.

  • Drivers younger than 21 years old cannot legally drive when their blood alcohol limit is .02 or higher
  • Commercial drivers cannot operate a vehicle with a blood alcohol limit that is .04 or higher
  • Drivers who are at least 21 years old cannot legally drive with a blood alcohol limit of .08 or higher
  • Driving with a blood alcohol limit of .16 or higher is a more serious offense known as aggravated DWI that carries harsher penalties

Penalties for New Mexico DWI Convictions

Being convicted for violating New Mexico DWI laws can have a drastic impact on a person’s life. The conviction will be listed on the person’s criminal record and driving record. The person’s blood-alcohol limit, whether someone was injured during the incident and prior convictions are all factors during sentencing.

  • Up to 90 days in jail, a $300 fine, and at least 24 hours of community service for a first misdemeanor DWI offense
  • Up to 364 days in jail, a $500 fine, a minimum of 4 days in jail, and at least 48 hours of community service for a second misdemeanor DWI offense
  • Up to 364 days in jail, a $750 fine, a minimum of 30 days in jail, and at least 96 hours of community service for a third misdemeanor DWI offense
  • Up to 18 months in prison, a $5,000 fine, and a minimum of six months in jail for a fourth offense DWI, which is a fourth-degree felony
  • Up to 2 years in prison, a $5,000 fine, and a minimum of 1 year in prison, for a fifth offense DWI, which is a fourth-degree felony
  • Up to 30 months in prison, a $5,000 fine, and a minimum of 18 months in prison, for a sixth offense DWI, which is a third-degree felony
  • Up to 3 years in prison, a $5,000 fine, and a minimum of 2 years in prison, for a seventh or subsequent DWI, which is a third-degree felony

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Frequently Asked Questions

What Are the New Mexico Blood Alcohol Limits?

Drivers who are under 21 years old exceed the legal blood alcohol limit at .02 or higher. Drivers 21 years old and older are legally drunk with a blood alcohol level of .08 or greater. Commercial drivers violate DWI laws when they operate a vehicle with a blood alcohol level of .04 or higher.

What Are the Penalties for a DWI Conviction?

Penalties for DWI include rehabilitation, community service, and alcohol screenings. Other penalties are jail time, monetary fines, getting the license revoked and installation of the ignition interlock device in the car when the person is permitted to drive again. The terms of the punishment differ for each person depending on the set of facts for each case and the amount of prior offenses on the driver’s criminal record.

What Happens After I Get Arrested?

The case will be presented to criminal court and the New Mexico Motor Vehicle Department. If the driver enters a not guilty plea in the criminal case, evidence is gathered, a trial takes place, and the court either makes a ruling or the driver enters a plea agreement. Submit a request for an administrative hearing for the Motor Vehicle Department case if you want to prevent the driver’s license from being automatically revoked.

 

Contact Us


Email: info@newmexicolegalgroup.com

Phone:
(505) 843-7303

Albuquerque Office
2701 Arizona Street NE
Albuquerque, NM 87110
(505) 843-7303

Rio Rancho Office
4351 Jager Dr., NE
Rio Rancho, NM 87102
(505) 247-4529

Las Cruces Office
300 S Water St.
Las Cruces, NM 88001
(575) 339-2100

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