New Mexico's Drugged Driving Laws

How drug use can result in a DUI charge in New Mexico and the penalties that result from a conviction.

By , Attorney

New Mexico not only prohibits drunk driving but also driving under the influence (DUI) of drugs. The penalties for a drug DUI are generally the same as those for an alcohol-related offense.

This article discusses how New Mexico defines drugged driving and the consequences of a violation.

Drugged Driving Defined

A New Mexico motorist can be convicted of a drug DUI for driving or being in "actual physical control" of a vehicle while under the influence of any drug. For purposes of the DUI law, "under the influence" means "to a degree that renders the person incapable of safely driving a vehicle."

Drugged Driving Penalties

The consequences of a New Mexico drugged driving conviction depend on the circumstances. But generally, a DUI carries the following possible penalties:

  • First offense. A first DUI conviction generally carries a fine of up to $500, a maximum of 90 days in jail, 24 hours of community service, a one-year license suspension, and a one-year ignition interlock device (IID) requirement following the suspension.
  • Second offense. For a second DUI, the offender is generally looking at a fine of $500 to $1,000, 96 hours to 364 days in jail, at least 48 hours of community service, a two-year license suspension, and a two-year IID requirement following the suspension.
  • Third offense. Generally, a third DUI within 20 years carries a fine of $750 to $1,000, 30 to 364 days in jail, at least 96 hours of community service, a three-year license suspension, and a three-year IID requirement following the suspension

Some offenders are eligible for a restricted license for driving during a suspension. However, an IID is a requirement to obtain this type of license.

Getting Legal Help

New Mexico DUI law is complex, and the facts of every case are different. If you've been arrested for driving under the influence, talk to an experienced DUI attorney in your area. A qualified DUI lawyer can tell you how the law applies to the facts of your case and help you decide on the best course of action.

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