In New Mexico, you can be charged with driving under the influence (DUI) for operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of (impaired by) drugs or alcohol. Generally, DUI convictions are misdemeanor criminal offenses. But certain aggravating factors can make a DUI a felony, a more serious crime.
Here are some of the circumstances that can result in felony DUI charges in New Mexico.
A fourth DUI is a fourth-degree felony and carries six to 18 months in jail. A fifth conviction is still a fourth-degree felony but carries one to two years in jail.
DUIs that result in "great bodily harm" to or the death of another person are felonies.
When a DUI involves great bodily harm, it's a third-degree felony. Third-degree felonies of this type carry three years in jail and a $5,000 fine.
Causing the death of another person while driving under the influence is considered "homicide by vehicle" and a second-degree felony. Second-degree felonies involving deaths carry 15 years in prison and $12,500 in fines.