A second-offense DUI (driving under the influence) conviction in New Mexico typically results in a fine, driver's license suspension, and a few days in jail. However, lots of factors can come into play with DUI sentencing. This article addresses the specific penalties you'll face for a first DUI in New Mexico.
In some states, prior DUI convictions drop off your record after a certain number of years. But in New Mexico, prior DUI convictions stay on your record forever. So, a DUI is considered a second offense if the driver has one prior DUI conviction that occurred at any time in his or her lifetime. Prior to sentencing, the convicted person is required to participate in a drug and alcohol screening. Based on the screening results and the circumstances of the offense, the judge sentences the convicted motorists within the following ranges.
Jail time. A second offense carries 96 hours to 364 days in jail. This minimum jail time cannot be suspended via probation. If the DUI was "aggravated"—meaning the offense involved an injury accident or blood alcohol content (BAC) of at least .16%—the judge must order an additional 96 hours to the minimum jail time.
Community service. A second-offense DUI requires at least 48 hours of community service.
Treatment. In addition to the drug and alcohol screening, all persons convicted of a second DUI must complete an approved treatment program. This treatment might include a 28-day inpatient program, a 90-day outpatient program, or any other program approved by the court.
Fines. A person who's convicted of a first DUI must pay a $500 to $1,000 fine.
Revocation. In most cases, a DUI will result in two separate license revocations: one from the Motor Vehicle Division (MVD) trigger by the arrest and another from the criminal court resulting from the conviction.
Drivers who are arrested for a DUI and produce a BAC of .08% or more are looking at a one-year administrative revocation from the MVD. And if the motorist is subsequently convicted of a DUI in criminal court, there's a two-year revocation imposed by the court.
The driver, however, may be eligible for an ignition interlock license, which permits the driver to operate a vehicle after installing an ignition interlock device (IID).
Ignition interlock device. After completing the revocation period, the motorist will be required to have an IID for two years.