New Mexico DUI Law

It is illegal in New Mexico to operate a vehicle while under the influence of drugs and/or alcohol to the extent that you are incapable of safely driving it. It is unlawful to operate a car with a BAC of .08 or greater and unlawful to drive a Commercial Vehicle with a BAC of .04 or greater.

Aggravated DUI:

The penalties increase if you are guilty of one of the following:

- Driving with a BAC of .16 or greater

- Causing serious bodily harm to someone else as a result of your driving under the influence

- Refusing to submit to a chemical test upon arrest

Penalties

First Offense:

The first offense is punishable by up to 90 days in jail. If any of the jail time is suspended or deferred, the court may place you on probation for up to a year. The court will also fine you $300 - $500, and require you to perform 24 – 48 hours of community service. Additionally, the court will order you to attend DWI School.

The First Aggravated DUI charge carries a minimum of 48 hours in jail.

Second Offense:

The second offense is punishable by 96 hours – 364 days in jail. If any of this time is suspended, the court may require up to 5 years of probation. Additionally, the court will assess a fine of $500 - $1,000 and require 48 hours of community service.

If the second DUI was aggravated, the court will add 96 hours in jail onto the sentence.

Upon the second conviction, the court will require the completion of one of the following:

- 28 days inpatient alcohol treatment program

- 90 days outpatient treatment

- A Drug Court approved program

- Another program that is approved by the court

Third Offense:

The third offense carries 30 – 364 days in jail. If any of the jail time is suspended or deferred, the court may sentence you to up to 5 years on probation. The court will also assess a $750 - $1,000 fine and require 96 hours of community service.

If the third DUI was aggravated, the mandatory minimum sentence is 60 days in jail.

Upon the third conviction, the court will require the completion of one of the following:

- 28 days inpatient alcohol treatment program

- 90 days outpatient treatment

- A Drug Court approved program

- Another program that is approved by the court

Fourth Offense:

The fourth offense is a fourth degree felony. It is punishable by up to 18 months in prison, 6 of which may not be suspended.

Fifth Offense:

The fifth offense is a fourth degree felony. It is punishable by up to 2 years in prison, 1 year of which may not be suspended.

Sixth Offense:

The sixth offense is a third degree felony. It is punishable by up to 30 months in prison, 18 months of which may not be suspended.

Seventh Offense:

The seventh offense is a third degree felony. It is punishable by up to 3 years in prison, 2 years of which may not be suspended.

Ignition Interlock Device

The court will order the attachment of an ignition interlock device to your vehicle upon conviction. This will prevent the car from starting when the driver has a BAC of .02 or greater.

First Conviction:

Attached for One Year.

Second Conviction:

Attached for Two Years.

Third Conviction:

Attached for Three Years.

Fourth and Subsequent Convictions:

Attached for Life, but you may petition the court once every five years to have the device removed.