New Mexico’s Underage DUI Laws

How New Mexico’s drunk driving laws apply to drivers who are under 21 years old and the consequences of an underage DUI.

Under New Mexico law, it's illegal for drivers who are younger than the legal drinking age (21 years old) to operate a vehicle with a blood alcohol concentration (BAC) of .02% or more. Here are the consequences a driver faces if convicted of an underage DUI (operating under the influence) offense.

Underage DUI Penalties

An underage DUI violation isn't considered a criminal offense in New Mexico. However, an underage DUI does carry administrative license-related penalties. The Motor Vehicle Division (MDV) will revoke the license of any underage driver who is caught operating a vehicle with a BAC of .02% or more or refuses a blood or breath test in violation of the state's implied consent law. Generally, the revocation period is one year but it can be longer if the driver fails to complete the requirements for license reinstatement.

When Underage Drivers Face Standard DUI Penalties

Underage drivers who are caught operating a vehicle with a BAC of .08% or more or while under the influence of (impaired by) drugs or alcohol face the standard DUI penalties. Depending on the circumstances, someone convicted of a standard DUI could be looking at fines, jail time, and license suspension. For example, a first DUI carries up to 90 days in jail, a maximum fine of $500, a one-year license revocation, and a one-year ignition interlock device requirement.

Talk to an Attorney

Regardless of the 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.

Protect Yourself. Talk to a Lawyer About Your Case

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
FACING A DUI?

Talk to a DUI Defense attorney

We've helped 115 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you