Drinking and Driving Laws in New Mexico
The State of New Mexico's drunk driving law makes it illegal to operate a motor vehicle if your blood alcohol concentration (BAC) is .08 percent or above.
The .08 limit is the standard measurement for the "impaired" driver in all states. The punishment however, is not the same in all states. New Mexico has strict laws and penalties for drunk driving and even your first offense will be expensive (See Penalties). In addition to the .08 limit, New Mexico has lower limits for commercial drivers and drivers under the age of 21.
How many drinks does it take to reach the legal limit in New Mexico?
This question is often asked by people who want to know how many drinks they can have before they reach the .08 percentage limit. There are charts and calculators that can help determine your BAC level, however these tools only offer an educated guess as to what your actual blood alcohol concentration is. There are other factors that play a role in your personal BAC percentage that are not considered when making this calculation.
The best answer is not to drink and drive . The State of New Mexico has strict laws for drunk driving, and when you drink and drive in New Mexico, you risk your freedom, finances and your future.
Drunk Driving Laws in New Mexico
State of New Mexico BAC Laws:
All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.
New Mexico Drunk Driving Fines & Penalties
First Drunk Driving Conviction
The first time you receive a driving while intoxicated (DWI) in New Mexico you will receive a $500 fine and up to 90 days in jail. You will be ordered to attend a DWI school and participate in a drivers rehabilitation program for alcohol or drugs. You will also participate in an alcohol or drug abuse screening program at your own expense and pay for the installation of an ignition interlock device on your vehicle. You will be ordered to do 24 hours of community service and pay for your ignition interlock drivers license.
Second Drunk Driving Conviction
In New Mexico the second time you are convicted of a DWI you will serve a mandatory 96 consecutive hours in jail and receive a $500 fine. You will be ordered to 48 hours of community service and participate in an alcohol or drug abuse screening program at your own expense. Within a time frame specified by the court, you must complete, an inpatient, residential, or in-custody substance abuse treatment program that is at least 28 days in duration or a similar drug rehabilitation program. You will also be ordered to obtain a ignition interlock drivers license and pay for the installation of an ignition interlock device on your vehicle. The court could order an additional 360 days in jail and add another $500 fine.
Third Drunk Driving Conviction
If you are unfortunate enough to be convicted of a 3rd DWI in the State of New Mexico you must spend a mandatory 30 consecutive days in jail. You will be ordered to 96 hours of community service and pay a $750 fine. You will also need to participate in an alcohol or drug abuse screening program at your own expense. Within a time frame specified by the court, you must complete, an inpatient, residential, or in-custody substance abuse treatment program that is at least 90 days in duration or a similar drug rehabilitation program approved by the court. Also, you will be ordered to obtain a ignition interlock drivers license and pay for the installation of an ignition interlock device on your vehicle. The court may sentence you to an additional 334 days in Jail and add $250 on to your original fine.
Future Drunk Driving Convictions
All future drunk driving convictions are considered felonies and for your 4th offense you will spend a mandatory minimum of 1 year in jail and be fined up to $5,000. 5th offense is 2 years in jail, 6th offense 30 months in jail, 7th offense 3 years in prison.
The Implied Consent Law in New Mexico
Under New Mexico's implied consent law you are required by law to submit to a chemical test of your blood, breath or urine if an officer of the law suspects that you are driving while intoxicated. If you refuse to submit to such a test you will be charged with aggravated DWI and your drivers license will be suspended for a period of 1 year.
More on Drunk Driving Laws, Penalties and Fines in New Mexico
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