New Mexico's DUI Laws and Conviction Penalties

New Mexico's DUI penalties depend primarily on the number of prior convictions that the driver has. Unlike many other states, New Mexico counts all priors no matter how long ago they occurred.

This article covers New Mexico's DUI laws (including important definitions) and the penalties you'll face for a first, second, third, and fourth conviction.

New Mexico's DUI Law

New Mexico prohibits a person from driving or being in actual physical control of a vehicle under any of the following conditions:

• while under the influence of an intoxicating liquor
• while under the influence of any drug that renders the person incapable of safely operating a vehicle, or
• with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver was operating a commercial vehicle).

In other words, a DUI charge can be based on BAC or actual impairment. (N.M. Stat. Ann. § 66-8-102.)

New Mexico's First-Offense DUI Penalties—Misdemeanor

A first DUI conviction in New Mexico is a misdemeanor and generally carries:

• up to 90 days in jail (minimum of 48 hours with a BAC of more than .16%)
• up to $500 in fines, and
• at least 24 hours of community service.

All DUI offenders are required to complete a substance abuse screening. Based on the results of the screening, the judge determines the appropriate substance abuse treatment program. At a minimum, a first- DUI offender must take a DUI educational course.

New Mexico's Second-Offense DUI Penalties—Misdemeanor

A second DUI conviction in New Mexico is a misdemeanor and generally carries:

• 96 hours to 364 days in jail (minimum is doubled with a BAC of more than .16%)
• $500 to $1,000 in fines, and
• 48 hours of community service.

A second offender must complete a 28-day inpatient course or other court-approved treatment.

New Mexico's Third-Offense DUI Penalties—Misdemeanor

A third DUI conviction in New Mexico is a misdemeanor and generally carries:

• 30 to 364 days in jail (minimum is 90 days with a BAC of more than .16%)
• $750 to $1,000 in fines, and
• 96 hours of community service.

A third offender must complete a 28-day inpatient course or other court-approved treatment.

New Mexico's Fourth-Offense DUI Penalties—Felony

A fourth DUI conviction in New Mexico is a felony and generally carries six to 18 months in jail.

New Mexico's Aggravating Circumstances for DUIs With Injuries or High BACs

If the DUI involved an injury accident or the driver's BAC was .16% or greater, the offense will be considered an "aggravated DUI." Aggravated status will increase the mandatory jail time by 48 hours for a first offense, 96 hours for a second offense, and 60 days for a third offense.

Driver's License Penalties for New Mexico DUIs

A New Mexico DUI can affect a person's driving privileges at two different stages—once at the time of arrest and a second time after conviction in criminal court.

Alcohol and Drug Testing During DUI Arrests

Drivers who are lawfully arrested for a DUI are required by New Mexico's "implied consent" laws to submit to BAC testing. Drivers who produce a BAC over the legal limit will have their driver's license immediately seized and subsequently revoked for six months on a first offense and one year for a second or subsequent offense. A refusal of testing can also result in a one-year revocation. These revocations that follow a DUI arrest come from the Motor Vehicle Division (MVD). (However, drivers can challenge the revocation by requesting an "administrative per se hearing.")

A driver with a revoked license may be eligible for an ignition interlock license, which permits the person to drive only with an ignition interlock device (IID). However, this license is not permitted for those who refused testing.

License Suspension for New Mexico DUI Convictions

A DUI conviction in criminal court will result in the following license-related consequences.

• First offense. A first DUI conviction results in a one-year license revocation and one-year IID requirement following the revocation period
• Second offense. A second DUI conviction results in a two-year license revocation and a two-year IID requirement following the revocation period, and
• Third offense. A third DUI conviction results in a three-year license revocation and a three-year IID requirement following the revocation period.

The revocation periods for criminal convictions generally are not in addition to the arrest-related revocation; the arrest-related revocation is typically credited against the conviction-related revocation.

New Mexico's Underage DUI Law

New Mexico does not have a separate crime for persons under 21 years of age. However, a person under 21 years old who produces a BAC of .02% or more while driving will have their driver's license suspended for one year.

Talk to an Attorney

Regardless of the type of charge, it's always best to talk to an experienced DUI attorney if you've been cited for driving under the influence. A qualified lawyer can tell you how the law applies to your situation and help you decide on the best course of action.