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New Mexico DUI Law Information

Drivers arrested for driving under the influence (DUI) in New Mexico may be charged with DUI and face jail time, fines, and a driver’s license suspension.

New Mexico DUI defined

It is illegal in the State of New Mexico for a person to drive under the influence of intoxicating liquor or to drive under the influence of “any drug to a degree that renders the person incapable of safely driving a vehicle within this state.” It is also unlawful for a person to “drive a vehicle in this state if the person has an alcohol concentration of eight one hundredths or more in the person's blood or breath within three hours of driving the vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle.” New Mexico Statute Section 66-8-102

New Mexico Look Back period: lifetime look back

Unlike most states, New Mexico has a lifetime look back period to determine whether a driver is a second or third time offender. If you are charged with DUI the court will consider all previous DUI convictions when determining whether this is your second, third or fourth DUI offense.

Criminal DUI Penalties in New Mexico

First DUI offense:

  • Up to one year license suspension
  • Reinstatement of license requires the installation of an ignition interlock device
  • Mandatory attendance in a DWI school
  • Completion of an alcohol assessment program and potential treatment program
  • Potential jail time of 90 days
  • Community service of no less than 24 hours
  • Fines of no more than $500
  • Possible probation for no more than one year

Second DWI offense
(Lifetime look back)

  • License suspension
  • Reinstatement of license requires the installation of an ignition interlock device
  • Mandatory attendance in a DWI school
  • Completion of an alcohol assessment program and potential treatment program
  • Potential jail time of no less than 96 hours up to 364 days
  • Community service of no less than 48 hours
  • Fines of $500 to $1,000
  • Possible probation for up to 5 years

Third DUI offense:
(Lifetime look back)

  • Minimum 3 year license suspension
  • Reinstatement of license requires the installation of an ignition interlock device for at least 3 years following reinstatement
  • Mandatory attendance in a DWI school
  • Completion of an alcohol assessment program and treatment program
  • Potential jail time of 30 to 364 days
  • Mandatory community service
  • Fines of $750 up to $1,000
  • Possible probation for up to 5 years

Administrative Penalties in New Mexico

Drivers in New Mexico have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties which are administered New Mexico Motor Vehicles Division and are imposed regardless of whether the driver is ultimately convicted for DUI.

Drivers who refuse to submit to a chemical test at the time of their DUI arrest will be given notice of the refusal at the time of the DUI arrest. Their New Mexico license will also be confiscated, and they will be issued a 20 day temporary permit to drive.

To challenge an administrative suspension, drivers must request an administrative hearing within 10 days by contacting the New Mexico Motor Vehicles Division. An administrative hearing will be held within 90 days of the request. If the court upholds the arrest and the driver does not win their challenge they must serve the full license suspension and meet reinstatement requirements to resume driving.

Penalties in New Mexico for a chemical test refusal:

1st Offense – 6 months for failing a chemical test
1st Offense – One year for refusing a chemical test
2nd or Subsequent Offense – One year for failing or refusing a chemical test

(Read more: - state laws )





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