Under NMSA § 66-8-102, it is illegal to operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The legal BAC limit depends on the driver’s age and license type.
New Mexico law sets different limits for different drivers:
• Drivers under 21: Cannot legally drive with a BAC of .02 or higher
• Commercial drivers: Cannot operate a vehicle with a BAC of .04 or higher
• Drivers age 21 and older: Cannot legally drive with a BAC of .08 or higher
• Aggravated DWI: A BAC of .16 or higher is considered aggravated DWI and carries enhanced penalties
Definition of DWI in New Mexico
Many people are arrested for DWI without fully understanding how New Mexico law defines the offense or how it is enforced. In general, a driver may be charged with DWI when their blood alcohol concentration (BAC) reaches a level at which the law presumes they are unable to drive safely.
If you are facing DWI charges, the attorneys at New Mexico Legal Group work to protect your rights and ensure you understand—and can fully exercise—all legal options available in your case.
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How New Mexico Law Defines DWI
Blood Alcohol Concentration (BAC) Limits
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.
DWI Penalties by Offense Level
First DWI (Misdemeanor)
- Up to 90 days in jail
- $300 fine
- At least 24 hours of community service
Second DWI (Misdemeanor)
- Up to 364 days in jail
- $500 fine
- Minimum of 4 days in jail
- At least 48 hours of community service
Third DWI (Misdemeanor)
- Up to 364 days in jail
- $750 fine
- Minimum of 30 days in jail
- At least 96 hours of community service
Fourth DWI (Fourth-Degree Felony)
- Up to 18 months in prison
- $5,000 fine
- Minimum of 6 months in jail
Fifth DWI (Fourth-Degree Felony)
- Up to 2 years in prison
- $5,000 fine
- Minimum of 1 year in prison
Sixth DWI (Third-Degree Felony)
- Up to 30 months in prison
- $5,000 fine
- Minimum of 18 months in prison
Seventh or Subsequent DWI (Third-Degree Felony)
- Up to 3 years in prison
- $5,000 fine
- Minimum of 2 years in prison
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Need Legal Assistance From a New Mexico DWI Attorney?
Call New Mexico Legal Group at 505.843.7303 or get started with a free case evaluation.
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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
Las Cruces Office
300 S Water St.
Las Cruces, NM 88001
(575) 339-2100