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New Mexico DUI Laws

New Mexico DUI laws. Drunk driving in the state of New Mexico.

New Mexico DUI Laws


New Mexico, like most states, has what is referred to as an implied consent law. When you obtain a New Mexico driver’s license, you are agreeing to submit yourself to a breath, blood, or urine test to determine if you are driving while under the influence (DWI). Refusal to be tested can result in penalties which are consistent with the drunk driving laws of the state. You can be arrested even if you don’t show obvious signs of intoxication and convicted of a DWI in New Mexico without the chemical tests. In fact, New Mexico has check points where the law officers may stop you to spot check for DWI’s. Refusal to be tested will result in an aggravated DWI and you will lose your license for one year. The influence can be drugs, alcohol, or a combination of the two which includes inhalants. New Mexico takes DWI offenses very seriously. These penalties will include the jail time, community service, suspended license and the ignition interlock device (IID) installed on your vehicle, assessments, fees, and fines. There is a zero tolerance policy in place for underage drinkers with the drinking age set at 21.

It is considered a crime in New Mexico to operate a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. Sentences are more severe for persons found to have a BAC of 0.15% or more. The “Per Se” BAC does not need any other proof of intoxication other than the 0.08% level for you to be convicted. The enhanced penalties applied to individuals with 0.15% to 0.20% will include more jail time, harsher fines, and driver’s license sanctions. Commercial drivers are limited to .04%. This category includes all drivers of heavy vehicles such as buses and semis. New Mexico law states that drivers under 21 may not be 0.02% or more. DUI’s will be issued to 18 year olds or younger individuals with a measurable BAC of .02%, persons over 21 with a BAC of 0.08% and commercial drivers with a BAC of 0.04% or more. After the third offense you will be charged with a felony for drunk driving.

If you are arrested for DWI in New Mexico, the administrative license suspension will be for 90 days. You may be eligible to get a restricted license after you have served the first 30 days of the suspension. Part of the restrictions placed on your license may require you to install the Ignition Interlock Device (IID) on your vehicle at your own expense.

Penalties for DUI Arrests


The first conviction will result in a possible 90 days of jail time. Your license will be suspended up to one year along with one year of driving with the IID installed on your vehicle. You will be required to attend DWI school and participate in an alcohol evaluation. You will also be assigned community service and may possibly undergo treatment for substance abuse.

The second conviction will result in a minimum of 96 hours to 364 days of jail time. You will be fined $500.00 to $1,000.00 and your license will be suspended for 2 years along with 2 years of driving with the IID installed on your vehicle. You will be required to participate in an alcohol evaluation and perform community service. You will undergo a treatment program for substance abuse. On top of all of these requirements, you will be put on 5 years of probation.

The third conviction will result in a minimum of 30 days to 364 days of jail time. You will be fined $750.00 to $1,000.00 and your license will be suspended for 3 years along with 3 years of driving with the IID installed on your vehicle. You will be required to participate in an alcohol evaluation and perform community service. You will undergo a treatment program for substance abuse. On top of all of these requirements, you will be put on 5 years of probation.

Your fourth drunk driving conviction becomes a felony offense. You will receive a minimum of 6 months to 18 months of prison time and be fined up to $5,000.00. Your license will be suspended for life. You will be given a 5 year review and may be allowed to get your license back with the IID installed. You will also undergo an alcohol evaluation and treatment program.

Your fifth DWI and consecutive DWI convictions will be treated as a felony offense. You will face a minimum prison sentence of 1 year with the possibility of serving 2 years. Your fines could possibly go as high as $5,000.00 and you will lose your license for life. After five years you will face a review and you may be able to get your license back with the IID installed on your vehicle. You will be required to undergo an alcohol evaluation and treatment program.