New Mexico's Drugged Driving Law

Learn about the laws and penalties for driving under the influence of drugs (DUID) in New Mexico.

New Mexico’s drugged driving law is located at New Mexico Statutes Section 66-8-102B. It states, “It is unlawful for a person who is under the influence of any drug to a degree that renders the person incapable of safely driving a vehicle to drive a vehicle within this state."     In other words, in New Mexico it’s a crime to drive while if incapacitated by a drug. No blood testing standard is established in New Mexico – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.

What drugs are prohibited?

New Mexico’s drugged driving law is directed at the prohibition of “any drug.” (A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website.) It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance.

What happens if a driver is convicted of drug impaired driving in New Mexico?

A driver arrested for drugged driving in New Mexico will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about New Mexico’s DUI laws.

Do New Mexico drivers have to submit to drug testing?

Yes, there is an implied consent rule for blood and breath testing. The refusal to take the test can be admitted into evidence against the driver.

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