In New Mexico, DUI (driving under the influence) penalties increase with the number of prior convictions the driver has. A DUI is considered a third offense if the driver has two DUI prior convictions.
Here are some of the more common consequences and penalties of a third DUI conviction in New Mexico.
New Mexico law sets the minimum and maximum penalties for a third DUI. And the judge generally determines the specific penalties within the allowable ranges.
A third DUI conviction generally carries 30 to 364 days in jail and $750 to $1,000 in fines. The minimum jail term goes up to 60 days if the driver has a blood alcohol concentration of .16% or more, the driver refused an alcohol test in violation of the implied consent law, or caused injuries to someone.
Third offenders are also required to complete a substance abuse treatment or education program approved by the judge.
The court reports all DUI convictions to the Division of Motor Vehicles. For most third-offense DUIs, the state will permanently revoke the driver's license. However, reinstatement is possible after five years of revocation.
A third DUI conviction results in a three-year license revocation and a three-year IID requirement following the revocation period.
If you've been arrested for driving under the influence in New Mexico, talk to a DUI lawyer as soon as possible. The consequences of a DUI are serious, especially if you have prior convictions. A qualified DUI attorney can tell you how the law applies to your case and help you decide on how best to handle your situation.