{"id":375128,"date":"2024-04-04T12:32:04","date_gmt":"2024-04-04T17:32:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-dwi-laws.html"},"modified":"2024-04-04T12:44:22","modified_gmt":"2024-04-04T17:44:22","slug":"new-mexico-dwi-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-dwi-laws.html","title":{"rendered":"New Mexico DWI Laws"},"content":{"rendered":"\n
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New Mexico DWI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

New Mexico is working hard to reduce and eliminate driving while intoxicated (DWI). State DUI laws impose serious consequences if you’re caught driving intoxicated. A DWI conviction can earn you heavy fines, court costs, driver’s license suspension, and jail time. A DWI conviction in New Mexico will stay on your record for 55 years.<\/p>\r\n

Intoxicated driving is a serious issue. Around 40% of traffic fatalities<\/a> involve a drunk driver. To reduce these deaths, law enforcement is trained to spot impaired driving. Public awareness campaigns urge drivers to plan for a safe ride if they’re going out drinking.<\/p>\r\n

Strict laws and increased enforcement have helped save lives across the state. Read on as FindLaw explains the basics of New Mexico’s DWI laws.<\/p>\r\n\r\n

Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/h3>\r\n<\/td>\r\n<\/tr>

"Per Se" BAC Limit<\/a><\/th>\r\n0.08%<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/th>\r\n0.02%<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/th>\r\n0.16%<\/td>\r\n<\/tr>
Implied Consent<\/a> to Submit to BAC Test?<\/th>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n\r\n

Select Penalties<\/h3>\r\n<\/td>\r\n<\/tr>

Minimum License Suspension or Revocation<\/a><\/th>\r\n
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  • First Offense: One year<\/li>\r\n
  • Second Offense: Two years<\/li>\r\n
  • Third offense: Three years<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment, and Treatment<\/a><\/th>\r\nBoth<\/td>\r\n<\/tr>
Vehicle Confiscation<\/a> Possible?<\/th>\r\nYes<\/td>\r\n<\/tr>
Ignition Interlock Device<\/a> Possible?<\/th>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws can change through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it’s a good idea to research the law or check with an attorney to ensure you have the most recent information.<\/i><\/p>\r\n

New Mexico Driving While Intoxicated (DWI) Laws<\/h2>\r\n

The state of New Mexico law states that it is unlawful for anyone to drive a vehicle when:<\/p>\r\n