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New Mexico DUI Laws, Penalties, and License Suspension

New Mexico drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving Drunk Drivinghave never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.

The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.

New Mexico Laws

The following driving actions are illegal in the State of New Mexico:

  • All drivers with a BAC of .08 or higher.
  • Under 21 with a BAC of .02 or higher.
  • Commercial Vehicle Driver with a BAC of .04 or higher.

New Mexico Penalties

First Drunk Driving Conviction
The first time you receive a driving while intoxicated (DWI) in New Mexico you will receive a $500 fine and up to 90 days in jail. You will be ordered to attend a DWI school and participate in a drivers rehabilitation program for alcohol or drugs. You will also participate in an alcohol or drug abuse screening program at your own expense and pay for the installation of an ignition interlock device on your vehicle. You will be ordered to do 24 hours of community service and pay for your ignition interlock drivers license.

Second Drunk Driving Conviction
In New Mexico the second time you are convicted of a DWI you will serve a mandatory 96 consecutive hours in jail and receive a $500 fine. You will be ordered to 48 hours of community service and participate in an alcohol or drug abuse screening program at your own expense. Within a time frame specified by the court, you must complete, an inpatient, residential, or in-custody substance abuse treatment program that is at least 28 days in duration or a similar drug rehabilitation program. You will also be ordered to obtain a ignition interlock drivers license and pay for the installation of an ignition interlock device on your vehicle. The court could order an additional 360 days in jail and add another $500 fine.

Third Drunk Driving Conviction
If you are unfortunate enough to be convicted of a 3rd DWI in the State of New Mexico you must spend a mandatory 30 consecutive days in jail. You will be ordered to 96 hours of community service and pay a $750 fine. You will also need to participate in an alcohol or drug abuse screening program at your own expense. Within a time frame specified by the court, you must complete, an inpatient, residential, or in-custody substance abuse treatment program that is at least 90 days in duration or a similar drug rehabilitation program approved by the court. Also, you will be ordered to obtain a ignition interlock drivers license and pay for the installation of an ignition interlock device on your vehicle. The court may sentence you to an additional 334 days in Jail and add $250 on to your original fine.

Future Drunk Driving Convictions
All future drunk driving convictions are considered felonies and for your 4th offense you will spend a mandatory minimum of 1 year in jail and be fined up to $5,000. 5th offense is 2 years in jail, 6th offense 30 months in jail, 7th offense 3 years in prison.

New Mexico Drivers License Issues

Under New Mexico's implied consent law you are required by law to submit to a chemical test of your blood, breath or urine if an officer of the law suspects that you are driving while intoxicated. If you refuse to submit to such a test you will be charged with aggravated DWI and your drivers license will be suspended for a period of 1 year.

Home > DUI > Penalties and Laws by State > New Mexico DUI

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Drunk Driving Laws

DUI Laws has some very strenuous drunk driving laws. A DUI can cost you your drivers license, it caries heavy fines and penalties, and can even put you in jail. Follow the link to find out more information:
DUI Penalties and Laws

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