DUI & DWI in New Mexico

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In New Mexico, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%  – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of New Mexico automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in imprisonment for 60 days and the arresting officer will take your license or your license will be revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

NEW MEXICO DUI/ DWI PENALTIES

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact Ticket Counsel absolutely FREE!!!

If you are over 21 years old:

• Imprisonment for up to 90 days and/or up to a $500 fine.
• Points will be added to your driving record.
• Your license will be revoked for 6 months.
• You may be eligible to drive using the Limited License, after the 30 days of suspension and after you have registered for a drug or alcohol assessment program and at a DWI school approved by the authorities or other court ordered rehabilitation program and pay $45 along with insurance proof.
• You will have to undertake community service for minimum 24 hours and pay a $300 fine.

• Imprisonment for up to 364 days and/or up to a $1,000 fine.
• Points will be added to your driving record.
• Your license will be revoked for 1 year.
• You will have to undertake community service for minimum 48 hours and pay a $500 fine.
• You will have to undergo an in-custody or residential, inpatient court approved treatment program for substance abuse for 28 days, a minimum 90-day court approved treatment drug or substance abuse program.
• You may be eligible to drive using the Limited License, after 5 years have passed after your prior conviction and if you meet the conditions.

• Imprisonment for minimum 30 successive days and/or up to a $1,000 fine.
• Points will be added to your driving record.
• Your license will be revoked for 1 year.
• You will have to undertake community service for minimum 96 hours and pay a $750 fine.
• You will have to undergo an in-custody or residential, inpatient court approved treatment program for substance abuse for 28 days, a minimum 90-day court approved treatment drug or substance abuse program.
• You may be eligible to drive using the Limited License, after 5 years have passed after your prior conviction and if you meet the conditions.

• Is treated as a 4th Degree Felony and may result in imprisonment for up to 18 months and/or a fine.
• Points will be added to your driving record.
• Your license will be revoked.
• You will have to undergo an in-custody counseling and treatment program by the corrections department. If on parole or probation you will have to still undergo the same.

• Is treated as a 4th degree Felony and may result in imprisonment for 2 years and/or a fine.
• Points will be added to your driving record.
• Your license will be revoked.

• Is treated as a 3rd degree Felony and may result in imprisonment for 30 months.

• Is treated as a 3rd degree Felony and may result in imprisonment for 3 years.

• Points will be added to your driving record and your license suspended or revoked, if you are convicted for “minor in possession/other alcohol offenses” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02% while driving.
• The license may be revoked for one year after the first conviction, and suspended or revoked after the second conviction or subsequent conviction.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

• Points will be added to your driving record and you will be barred from driving a commercial vehicle for at least 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for a fixed duration.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

New Mexico laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• The driver is age 21 and above and is driving with BAC 0.08% or more.
• The driver is under 21 years of age and is driving with BAC 0.02% or more.

If you are arrested for DUI/DWI, the arresting officer will confiscate your New Mexico driver license, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Motor Vehicle Division (MVD). The driver can schedule an administrative hearing within 10 days of the notice of suspension/revocation. You will have to submit a sworn indigence statement or pay a hearing fee of $25. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be revoked based on his previous 5-year driving record for up to a year for a second and subsequent conviction. For a first conviction of BAC of 0.08% or more your license will be revoked for 90 days. You may be eligible to drive using the Limited License, after the 30 days of suspension after you have registered for a drug or alcohol assessment program and at a DWI school approved by the authorities and pay $45 along with insurance proof. The suspension or revocation begins 20 days after the final order of the hearing officer is mailed from the MVD. If the administrative hearing goes against the driver, he can ask for a review from the court. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the MVD, once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the a drug or alcohol assessment program or Bureau approved DWI school or a comparable program (the agency will send the proof to the MVD once you have completed the program or you will have to provide it), pay the reinstatement fee of $100, and maintain proof of financial responsibility for the appropriate period from the date of suspension/revocation by filing SR-22.
• If you are being convicted, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive for one year if you are convicted for the first time, for two years if you are convicted for the second time, for three years for if you are convicted for the third time and for your lifetime if you are convicted for the fourth and subsequent time.
• You can submit the reinstatement application and fees in person at a MVD office near you.