Created by FindLaw's team of legal writers and editors | Last reviewed March 12, 2018
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If you are driving in the "Land of Enchantment," whether on through the picturesque landscape on your way to Santa Fe or after doing some day drinking in Albuquerque, you should be aware of New Mexico's laws against driving while intoxicated (DWI). If you are arrested and found guilty of DWI, you will likely pay stiff fines and court costs, and you could be sentenced to jail.
Moreover, you'll be required to attend a treatment program and install a device you are required to blow into before driving, also known as an "ignition interlock device. Simply put, don't drink or do drugs and drive. However, life happens and if you do find yourself fighting a DWI charge in New Mexico, FindLaw has put together some important information to assist you.
New Mexico has two basic laws that prohibit intoxicated driving. First, a DWI law which prohibits driving while intoxicated by alcohol, illegal drugs, or even prescription drugs. It is a fact that you can be impaired for the purposes of driving a motor vehicle even with drugs prescribed by your doctor. The second way you can be in violation of the law is if you are driving with a blood alcohol level (BAC) of 0.08 percent or more.
If you are the operator of a commercial vehicle in New Mexico, there is an even lower threshold for you to be in violation of the law if you are impaired by alcohol. If you are driving a commercial vehicle with a BAC of 0.04 percent or more, you'll face severe fines and penalties. Even worse, you may be putting your livelihood at risk. You driver's license will be suspended for one year. If you are transporting hazardous materials, say good bye to your license for three years. There are ways to contest that suspension. Speak to a qualified attorney in New Mexico to learn more.
This chart lays out the basics of New Mexico's DWI laws:
New Mexico DWI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent |
|
| "Per Se" BAC Limit | 0.08 Percent |
| Zero Tolerance (Underage) BAC Limit | 0.02 Percent |
| Enhanced Penalty (Aggravated) BAC Limit | 0.16 Percent |
| Implied Consent to Submit to BAC Test? | Yes |
New Mexico DWI Laws: Select Penalties |
|
| Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) | 1 year, 2 years, 3 year |
| Mandatory Alcohol Education, Assessment and Treatment | Both |
| Vehicle Confiscation Possible? | Yes |
| Ignition Interlock Device Possible? | Yes |
If you've been arrested for a DWI in New Mexico, it's important to understand the nature of the charges against you. Contact a qualified DWI attorney in New Mexico who can explain New Mexico DWI laws and how they apply to your specific situation.
Contact a qualified DUI attorney to make sure your rights are protected.
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.