How much do you have to drink (BAC*) for a DUI in New Mexico?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in New Mexico?

New Mexico has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about New Mexico’s implied consent law.

What is the minimum jail time?

Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

Can you plead to a lesser offense than DUI in New Mexico?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in New Mexico.

First NM DWI Offense

1st Drunk Driving Conviction

• Jail – Up to 90 Days
• License Suspension – Up to 1 Year
• Ignition Interlock – 1 Year
• DWI School
• Alcohol Evaluation
• Community Service
• Treatment – (Possible)

More Information: First Offense DWI/DUI in New Mexico

Second NM DWI Offense

2nd Drunk Driving Conviction

• Jail – Minimum 96 Hours up to 364 Days
• Fine – Minimum $500 up to $1,000
• License Suspension – 2 Years
• Ignition Interlock – 2 Years
• Alcohol Evaluation
• Community Service
• Treatment
• Probation – Up to 5 Years

More Information: Second Offense DWI/DUI in New Mexico

Important Note from the Editor

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Third NM DWI Offense

3rd Drunk Driving Conviction

• Jail – Minimum 30 days up to 364 Days
• Fine – Minimum $750 up to $1,000
• License Suspension – 3 Years
• Ignition Interlock – 3 Years
• Alcohol Evaluation
• Community Service
• Treatment
• Probation – Up to 5 Years

More Information: Third Offense DWI/DUI in New Mexico

2010 New Mexico - New DUI Law

2010 DWI Fee Increase Begins July 1st

In 2010 the State of New Mexico Legislature passed Senate Bill 32. The new law increases DWI chemical test fee from $65 to $85.

To read the details of the new law please go to the State of New Mexico Legislative Website and read Senate Bill 32.

Fourth NM DWI Offense

4th Drunk Driving Convictions

• Felony Offense
• Prison – Minimum 6 Months up to 18 Months
• Fine – Minimum Up to $5,000
• License Suspension – Lifetime (With 5 Year Review)
• Ignition Interlock – Lifetime (After 5 Year Review)
• Alcohol Evaluation
• Treatment

Fifth NM DWI Offense

5th Drunk Driving Convictions

• Felony Offense
• Prison – Minimum 1 Year up to 2 Years
• Fine – Minimum Up to $5,000
• License Suspension – Lifetime (With 5 Year Review)
• Ignition Interlock – Lifetime (After 5 Year Review)
• Alcohol Evaluation
• Treatment

Drinking and Driving Laws in New Mexico

New Mexico Drunk Driving and Wet Reckless Laws - Nolo.com

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.

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.

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.

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.

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.

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.

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.

State of New Mexico DUI Penalties - More DUI Information

Other New Mexico Information on this Website

New Mexico Teen Driving Laws and Insurance Requirements

New Mexico Hands Free Driving Laws