New Mexico DWI Laws
We have successfully handled over a 1,000 DWI cases throughout the state of New Mexico. We carefully review each case and craft a strong legal defense.
Definition of DWI in New Mexico
Many people are arrested for DWI without fully understanding how New Mexico law defines the offense or how it is enforced. In general, a driver may be charged with DWI when their blood alcohol concentration (BAC) reaches a level at which the law presumes they are unable to drive safely.
If you are facing DWI charges, the attorneys at New Mexico Legal Group work to protect your rights and ensure you understand—and can fully exercise—all legal options available in your case.
How New Mexico Law Defines DWI
Blood Alcohol Concentration (BAC) Limits
New Mexico law sets different limits for different drivers:
• Drivers under 21: Cannot legally drive with a BAC of .02 or higher
• Commercial drivers: Cannot operate a vehicle with a BAC of .04 or higher
• Drivers age 21 and older: Cannot legally drive with a BAC of .08 or higher
• Aggravated DWI: A BAC of .16 or higher is considered aggravated DWI and carries enhanced penalties
Penalties for New Mexico DWI Convictions
Being convicted for violating New Mexico DWI laws can have a drastic impact on a person’s life. The conviction will be listed on the person’s criminal record and driving record. The person’s blood-alcohol limit, whether someone was injured during the incident and prior convictions are all factors during sentencing.
DWI Penalties by Offense Level
First DWI (Misdemeanor)
- Up to 90 days in jail
- $300 fine
- At least 24 hours of community service
Second DWI (Misdemeanor)
- Up to 364 days in jail
- $500 fine
- Minimum of 4 days in jail
- At least 48 hours of community service
Third DWI (Misdemeanor)
- Up to 364 days in jail
- $750 fine
- Minimum of 30 days in jail
- At least 96 hours of community service
Fourth DWI (Fourth-Degree Felony)
- Up to 18 months in prison
- $5,000 fine
- Minimum of 6 months in jail
Fifth DWI (Fourth-Degree Felony)
- Up to 2 years in prison
- $5,000 fine
- Minimum of 1 year in prison
Sixth DWI (Third-Degree Felony)
- Up to 30 months in prison
- $5,000 fine
- Minimum of 18 months in prison
Seventh or Subsequent DWI (Third-Degree Felony)
- Up to 3 years in prison
- $5,000 fine
- Minimum of 2 years in prison