Find New Mexico DWI Law information at MyDUIAttorney

Are you facing a Driving Under Influence charge in New Mexico? To find out more about a DUI or DWI in New Mexico, read on through this section of MyDUIAttorney to find out more about your particular DWI case. The penalties for different types of DWI will vary depending upon the facts and the situation. However, the first thing and the smartest thing that you can do when arrested for a DWI is to search for a New Mexico DUI lawyer and hire one as soon as possible. A DUI lawyer can best help you to understand all the facts and details of your DUI case. He or she can represent you in court and even help you to get the charges against you lowered.

In New Mexico, a person with blood alcohol level of 0.08% or greater is considered unfit to operate a motor vehicle and therefore, this is the legal limit for a DUI case to be charged against you. For driving a commercial vehicle in New Mexico, you need to have a blood alcohol level of 0.04 or less than that. The law for minors in New Mexico states that minors (persons under the age of 21) driving under influence will be arrested if their blood alcohol level is 0.02 or greater. Also, in New Mexico, certain factors in DWI are considered as aggravating factors that can actually enhance the penalties charges against you. These aggravating factors include having a blood alcohol content of 0.16 or greater, persons who cause bodily harm to other because of driving under influence and persons who refuse to take a chemical test. These types of offenders will typically face harsher penalties. Also offenders who have children or minors in their vehicle at the time of DWI will be charged with child abuse.

Some of the penalties of DWI in New Mexico are as follows:

DWI First offense:DWI first offenders will have to face fines of up to $500, jail time of up to 90 days, license suspension of one year, and other penalties including 24 to 48 hours of community service, ignition interlock installment and DWI school. First offense with aggravating factor will lead to a mandatory minimum jail stay of 48 hours.

DWI Second offense:Second offenders will have to face fines of $500 up to $1000, license suspension of two years, and jail time of mandatory minimum 96 hours and maximum 364 days as well as other penalties including installment of ignition interlock, 48 hours of community service, and mandatory alcohol treatment, etc. Second DWI offense with aggravating factor can lead to a mandatory minimum 92 hours in jail and minimum 48 hours of community service.

DWI Third offense:DWI third offense includes penalties of fines of minimum $750 and maximum $1000, mandatory minimum jail stay of 30 days and maximum of 364 days, license suspension of three years, installation of ignition interlock device, alcohol treatment and enhanced penalties for aggravating factor includes a mandatory stay in jail for six months and minimum 96 hours of community service.

To fully understand the penalties associated with a New Mexico DUI charge, it is strongly recommended that you consult with a New Mexico DUI lawyer that you are most comfortable with and who can knowledgeably represent you throughout your trial and court proceedings.  You can find a New Mexico drunk driving attorney by typing in the city of your arrest above or call our 24 hour DUI hotline

Additional resources

• New Mexico Department of Motor Vehicle
• New Mexico State Bar Association