DWI/DUI - Drunk Driving Laws And Attorneys In New Mexico
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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NEW MEXICO DRIVING UNDER THE INFLUENCE (DUI) LAW
If you are arrested for drinking and driving the penalties are severe. You
can be arrested for driving with a blood alcohol content (BAC) of .08% or
more. In New Mexico, if you are under 21, you also can be arrested for
BAC at .02%. If a police or traffic officer asks you to take a BAC test and
refuse to do so, you can lose your driver license for one year.
If you are found guilty of DWI and it is your first conviction, you will pay
stiff fines and court costs, and you could be sentenced to jail. You will
also be ordered to treatment and to install an ignition interlock device on
your vehicle. MVD has the authority to revoke your drivers license.
Subsequent DWI convictions will result in increased fines, more jail
time, and a longer license revocation. Any DWI conviction will remain on
your driving record for twenty-five years.
Penalties And Fines For A DUI In New Mexico
First DUI Offense - Misdemeanor
Jail
a) Maximum: 90 days
b) Mandatory: 48 hours if offender fails to comply with any condition of
probation.
Fines And Fees
a) Maximum fine: $500
b) License fee: $100
c) Crime lab fee: $65
d) Community fee: $75
e) Interlock license fee: $45,
f) Alcohol screening: $100-200
g) DWI school: up to $150
h) Ignition interlock fee: $960/year or more
I) Corrections fee: $20
Drivers License Suspension
1) Administration:
a) Under 21 (.02+ BAC) 1 year
b) Age 21+ (.08+ BAC) and Commercial Driver (CDL) (.04+ BAC) Both 6
months
c) Refusal: 1 year
d) Ignition interlock license available
2) Criminal:
a) Upon Conviction: 1 year
b) Ignition interlock license required
Other
a) Mandatory screening and DWI school
b) Community service, minimum 24 hrs
c) Ignition Interlock installed for 1 year
d) Court discretion: Treatment and Probation up to 1 year
e) Aggravated DWI: Mandatory Jail of a additional 48 hours jail if
convicted of aggravated DWI
Second DUI Offense - Misdemeanor
Jail
a) Maximum: 364 days
b) Mandatory: 96 hours, plus add 7 days if offender fails to comply with
sentence.
Fines And Fees
a) Maximum fine: $1000, Mandatory Fine of $500
b) License fee: $100
c) Crime lab fee: $65
d) Community fee: $75
e) Interlock license fee: $45,
f) Alcohol screening: $100-200
g) DWI school: up to $150
h) Ignition interlock fee: $960/year or more
I) Corrections fee: $20
Drivers License Suspension
1) Administration:
a) Under 21 (.02+ BAC) 1 year
b) Age 21+ (.08+ BAC) and Commercial Driver (CDL) (.04+ BAC) Both 6
months
c) Refusal: 1 year
d) Ignition interlock license available
2) Criminal:
a) Upon Conviction: 2 years
b) Ignition interlock license required
Other
a) Mandatory screening and DWI school
b) Community service, minimum 48 hrs
c) Ignition Interlock installed for 2 years
d) Court discretion: Treatment and Probation up to 5 years
e) Aggravated DWI: Mandatory Jail of a additional 96 hours jail if
convicted of aggravated DWI
f) Forfeiture of vehicle in civil action in Albuquerque, Dona Ana
County, Las Cruces and Torrance County
Third DUI Offense - Misdemeanor
Jail
a) Maximum: 364 days
b) Mandatory: 30 days, plus add 60 days if offender fails to comply with
sentence.
Fines And Fees
a) Maximum fine: $1000, Mandatory Fine of $750
b) License fee: $100
c) Crime lab fee: $65
d) Community fee: $75
e) Interlock license fee: $45,
f) Alcohol screening: $100-200
g) DWI school: up to $150
h) Ignition interlock fee: $960/year or more
I) Corrections fee: $20
Drivers License Suspension
1) Administration:
a) Under 21 (.02+ BAC) 1 year
b) Age 21+ (.08+ BAC) and Commercial Driver (CDL) (.04+ BAC) Both 6
months
c) Refusal: 1 year
d) Ignition interlock license available
2) Criminal:
a) Upon Conviction: 3 years
b) Ignition interlock license required
Other
a) Mandatory screening and DWI school
b) Community service, minimum 96 hrs
c) Ignition Interlock installed for 3 years
d) Court discretion: Treatment and Probation up to 5 years
e) Aggravated DWI: Mandatory Jail of a additional 60 days jail if convicted
of aggravated DWI
f) Forfeiture of vehicle in civil action in Albuquerque, Dona Ana, Santa Fe
County, Las Cruces and Torrance County
Fourth DUI Offense - 4th Degree Felony
Jail
a) Maximum: 18 months
b) Mandatory: 6 months
Fines And Fees
a) Maximum fine: $5000
b) License fee: $100
c) Crime lab fee: $65
d) Community fee: $75
e) Interlock license fee: $45,
f) Alcohol screening: $100-200
g) DWI school: up to $150
h) Ignition interlock fee: $960/year or more
I) Corrections fee: $20
Drivers License Suspension
1) Administration:
a) Under 21 (.02+ BAC) 1 year
b) Age 21+ (.08+ BAC) and Commercial Driver (CDL) (.04+ BAC) Both 6
months
c) Refusal: 1 year
d) Ignition interlock license available
2) Criminal:
a) Upon Conviction: lifetime
b) Ignition interlock license required
c) Person may apply to district court for restoration of license after five
years if not subsequently convicted of DWI
Other
a) Mandatory screening and DWI school
b) Community service, minimum 96 hrs
c) Ignition Interlock installed for life
d) Offender may apply to district court every five years for removal of the
interlock, which can be removed for good cause
e) Forfeiture of vehicle in civil action in Albuquerque, Dona Ana, Santa Fe
County, Las Cruces and Torrance County
Fifth DUI Offense - 4th Degree Felony
Jail
a) Maximum: 2 years
b) Mandatory: 1 year
Fines, Fees, Suspension, Other is same as fourth offense.
Sixth DUI Offense - 4th Degree Felony
Jail
a) Maximum: 30 months
b) Mandatory: 18 months
Fines, Fees, Suspension, Other is same as fourth offense.
Sixth DUI Offense - 3rd Degree Felony
Jail
a) Maximum: 3 years
b) Mandatory: 1 year
Fines, Fees, Suspension, Other is same as fourth offense.
DWI Vehicular Homicide - 3rd Degree Felony
You will receive a maximum jail sentence of 5 years, up to a $5,000 fine,
license suspension will depend on the number of previous DUI
convictions with no driving privileges granted during suspension period.
Mandatory 4 years extra jail time added for every prior DWI conviction
within the last 10 years, including tribal convictions.
Driving While Revoked - Misdemeanor
If caught driving under suspension, you will receive a jail sentence of up
to 1 year with 7 days being mandatory. Fines range from $300 - $1000.
There will also be a mandatory 30 day immobilization of vehicle driven
by offender and 1 year license suspension added to current suspension.
Footnotes
Mandatory jail time must be consecutively served in the state of New
Mexico. The penalty for driving without an interlock when it’s required by
license is the same as driving while revoked.
Treatment is mandatory, as follows, for a second or third conviction: not
less than a 28-day inpatient residential or in-custody substance abuse
treatment program approved by the court; not less than a 90-day
outpatient treatment program approved by the court; a drug court
program approved by the court; OR any other substance abuse
treatment program approved by the court. For any felony conviction, the
Corrections Department is required to provide substance abuse
counseling and treatment to the offender, while the offender is in
custody and on probation or parole.
Licenses remain revoked until offenders apply to reinstate them.
Probation violations: On any offense, if the offender violates probation
under a suspended or deferred sentence, the judge may impose any
sentence originally available and credit shall not be given for time
served by the offender on probation.
If you are arrested for drinking and driving the penalties are severe. You
can be arrested for driving with a blood alcohol content (BAC) of .08% or
more. In New Mexico, if you are under 21, you also can be arrested for
BAC at .02%. If a police or traffic officer asks you to take a BAC test and
refuse to do so, you can lose your driver license for one year.
If you are found guilty of DWI and it is your first conviction, you will pay
stiff fines and court costs, and you could be sentenced to jail. You will
also be ordered to treatment and to install an ignition interlock device on
your vehicle. MVD has the authority to revoke your drivers license.
Subsequent DWI convictions will result in increased fines, more jail
time, and a longer license revocation. Any DWI conviction will remain on
your driving record for twenty-five years.
Penalties And Fines For A DUI In New Mexico
First DUI Offense - Misdemeanor
Jail
a) Maximum: 90 days
b) Mandatory: 48 hours if offender fails to comply with any condition of
probation.
Fines And Fees
a) Maximum fine: $500
b) License fee: $100
c) Crime lab fee: $65
d) Community fee: $75
e) Interlock license fee: $45,
f) Alcohol screening: $100-200
g) DWI school: up to $150
h) Ignition interlock fee: $960/year or more
I) Corrections fee: $20
Drivers License Suspension
1) Administration:
a) Under 21 (.02+ BAC) 1 year
b) Age 21+ (.08+ BAC) and Commercial Driver (CDL) (.04+ BAC) Both 6
months
c) Refusal: 1 year
d) Ignition interlock license available
2) Criminal:
a) Upon Conviction: 1 year
b) Ignition interlock license required
Other
a) Mandatory screening and DWI school
b) Community service, minimum 24 hrs
c) Ignition Interlock installed for 1 year
d) Court discretion: Treatment and Probation up to 1 year
e) Aggravated DWI: Mandatory Jail of a additional 48 hours jail if
convicted of aggravated DWI
Second DUI Offense - Misdemeanor
Jail
a) Maximum: 364 days
b) Mandatory: 96 hours, plus add 7 days if offender fails to comply with
sentence.
Fines And Fees
a) Maximum fine: $1000, Mandatory Fine of $500
b) License fee: $100
c) Crime lab fee: $65
d) Community fee: $75
e) Interlock license fee: $45,
f) Alcohol screening: $100-200
g) DWI school: up to $150
h) Ignition interlock fee: $960/year or more
I) Corrections fee: $20
Drivers License Suspension
1) Administration:
a) Under 21 (.02+ BAC) 1 year
b) Age 21+ (.08+ BAC) and Commercial Driver (CDL) (.04+ BAC) Both 6
months
c) Refusal: 1 year
d) Ignition interlock license available
2) Criminal:
a) Upon Conviction: 2 years
b) Ignition interlock license required
Other
a) Mandatory screening and DWI school
b) Community service, minimum 48 hrs
c) Ignition Interlock installed for 2 years
d) Court discretion: Treatment and Probation up to 5 years
e) Aggravated DWI: Mandatory Jail of a additional 96 hours jail if
convicted of aggravated DWI
f) Forfeiture of vehicle in civil action in Albuquerque, Dona Ana
County, Las Cruces and Torrance County
Third DUI Offense - Misdemeanor
Jail
a) Maximum: 364 days
b) Mandatory: 30 days, plus add 60 days if offender fails to comply with
sentence.
Fines And Fees
a) Maximum fine: $1000, Mandatory Fine of $750
b) License fee: $100
c) Crime lab fee: $65
d) Community fee: $75
e) Interlock license fee: $45,
f) Alcohol screening: $100-200
g) DWI school: up to $150
h) Ignition interlock fee: $960/year or more
I) Corrections fee: $20
Drivers License Suspension
1) Administration:
a) Under 21 (.02+ BAC) 1 year
b) Age 21+ (.08+ BAC) and Commercial Driver (CDL) (.04+ BAC) Both 6
months
c) Refusal: 1 year
d) Ignition interlock license available
2) Criminal:
a) Upon Conviction: 3 years
b) Ignition interlock license required
Other
a) Mandatory screening and DWI school
b) Community service, minimum 96 hrs
c) Ignition Interlock installed for 3 years
d) Court discretion: Treatment and Probation up to 5 years
e) Aggravated DWI: Mandatory Jail of a additional 60 days jail if convicted
of aggravated DWI
f) Forfeiture of vehicle in civil action in Albuquerque, Dona Ana, Santa Fe
County, Las Cruces and Torrance County
Fourth DUI Offense - 4th Degree Felony
Jail
a) Maximum: 18 months
b) Mandatory: 6 months
Fines And Fees
a) Maximum fine: $5000
b) License fee: $100
c) Crime lab fee: $65
d) Community fee: $75
e) Interlock license fee: $45,
f) Alcohol screening: $100-200
g) DWI school: up to $150
h) Ignition interlock fee: $960/year or more
I) Corrections fee: $20
Drivers License Suspension
1) Administration:
a) Under 21 (.02+ BAC) 1 year
b) Age 21+ (.08+ BAC) and Commercial Driver (CDL) (.04+ BAC) Both 6
months
c) Refusal: 1 year
d) Ignition interlock license available
2) Criminal:
a) Upon Conviction: lifetime
b) Ignition interlock license required
c) Person may apply to district court for restoration of license after five
years if not subsequently convicted of DWI
Other
a) Mandatory screening and DWI school
b) Community service, minimum 96 hrs
c) Ignition Interlock installed for life
d) Offender may apply to district court every five years for removal of the
interlock, which can be removed for good cause
e) Forfeiture of vehicle in civil action in Albuquerque, Dona Ana, Santa Fe
County, Las Cruces and Torrance County
Fifth DUI Offense - 4th Degree Felony
Jail
a) Maximum: 2 years
b) Mandatory: 1 year
Fines, Fees, Suspension, Other is same as fourth offense.
Sixth DUI Offense - 4th Degree Felony
Jail
a) Maximum: 30 months
b) Mandatory: 18 months
Fines, Fees, Suspension, Other is same as fourth offense.
Sixth DUI Offense - 3rd Degree Felony
Jail
a) Maximum: 3 years
b) Mandatory: 1 year
Fines, Fees, Suspension, Other is same as fourth offense.
DWI Vehicular Homicide - 3rd Degree Felony
You will receive a maximum jail sentence of 5 years, up to a $5,000 fine,
license suspension will depend on the number of previous DUI
convictions with no driving privileges granted during suspension period.
Mandatory 4 years extra jail time added for every prior DWI conviction
within the last 10 years, including tribal convictions.
Driving While Revoked - Misdemeanor
If caught driving under suspension, you will receive a jail sentence of up
to 1 year with 7 days being mandatory. Fines range from $300 - $1000.
There will also be a mandatory 30 day immobilization of vehicle driven
by offender and 1 year license suspension added to current suspension.
Footnotes
Mandatory jail time must be consecutively served in the state of New
Mexico. The penalty for driving without an interlock when it’s required by
license is the same as driving while revoked.
Treatment is mandatory, as follows, for a second or third conviction: not
less than a 28-day inpatient residential or in-custody substance abuse
treatment program approved by the court; not less than a 90-day
outpatient treatment program approved by the court; a drug court
program approved by the court; OR any other substance abuse
treatment program approved by the court. For any felony conviction, the
Corrections Department is required to provide substance abuse
counseling and treatment to the offender, while the offender is in
custody and on probation or parole.
Licenses remain revoked until offenders apply to reinstate them.
Probation violations: On any offense, if the offender violates probation
under a suspended or deferred sentence, the judge may impose any
sentence originally available and credit shall not be given for time
served by the offender on probation.
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