DWI Penalties

New Mexico has enacted some of the toughest DWI laws in the nation. The High Cost of DWI in New Mexico (DWI Laws Summary) can be found at http://transportation.unm.edu/pubs/HighCost11x8.pdf

 

 

The High Cost of DWI

1st Offense MISDEMEANOR
  • 6 months to 1 year license revocation (1 year if under 21)
  • Up to 90 days jail.
  • Mandatory: DWI school, alcohol evaluation, ignition interlock for 1 year,
    community service.
  • Other: treatment
2st Offense MISDEMEANOR
  • 2-year license revocation.
  • Up to 364 days jail, 96 hours mandatory.
  • Up to $1,000 fine, $500 mandatory
  • Other mandatory penalties: alcohol evaluation, community service,
    treatment, ignition interlock for 2 years.
  • Other: Up to 5 years probation.
3rd Offense MISDEMEANOR
  • 3-year license revocation.
  • Up to 364 days jail, mandatory 30 days.
  • Up to $1,000 fine, $750 mandatory .
  • Other mandatory penalties: alcohol evaluation, community service,
    treatment, ignition interlock for 3 years.
  • Other: Up to 5 years probation.
4th Offense FELONY 4th DEGREE
  • Lifetime license revocation with 5-year court review.
  • Up to 18 months prison, 6 months mandatory.
  • Up to $5,000 fine.
  • Other mandatory penalties: alcohol evaluation, treatment, lifetime
    ignition interlock with 5-year court review.
5th Offense FELONY 4th DEGREE
  • Lifetime license revocation with 5-year court review.
  • Up to 2 years prison, 1 year mandatory.
  • Up to $5,000 fine.
  • Other mandatory penalties: alcohol evaluation, treatment, lifetime
    ignition interlock with 5-year court review.
6th Offense FELONY 3rd DEGREE
  • Lifetime license revocation with 5-year court review.
  • Up to 30 months prison, 18 months mandatory.
  • Up to $5,000 fine.
  • Other mandatory penalties: alcohol evaluation, treatment, lifetime
    ignition interlock with 5-year court review.
7th or Subsequent Offense FELONY 3rd DEGREE
  • Lifetime license revocation with 5-year court review.
  • Up to 3-year prison, 2-year mandatory.
  • Up to $5,000 fine.
  • Other mandatory penalties: alcohol evaluation, treatment, lifetime
    ignition interlock with 5-year court review.

Additional to DWI

Aggravated DWI .16 BAC or above, refusal to take BAC test,
or cause bodily injury while DWI
  • 1st offense, mandatory: additional 2 days jail.
  • 2nd offense, mandatory: additional 4 days jail.
  • 3rd offense, mandatory: additional 60 days jail.
Driving While Revoked for DWI MISDEMEANOR
  • 1-year revocation added to current revocation period.
  • Up to one year in jail, 7 days mandatory.
  • Up to $1,000 fine; $300 mandatory.
  • Other: 30 days immobilization of vehicle driven by offender.

Other

Selling or Giving Alcohol to a Minor FELONY 4th DEGREE
  • To knowingly sell, serve or give alcoholic beverages to a minor, or to permit
    a minor to consume alcoholic beverages, or to assist a minor to buy alcoholic beverages.
  • Does not apply to parents serving their own children in their home, or to an
    adult spouse of a minor.
  • Does not apply to the use of alcohol in religious services.

* Minor here means someone under 21 years of age.