Dwi Dui State Laws

New Mexico Dwi Laws



New Mexico DUI laws are very strict. If you make the choice to drive under the influence you will be facing some very significant impacts upon your freedom and your bank account. A blood alcohol concentration (BAC) of .08 or above will result in legal issues for you. If you are a commercial driver or you are a minor driver under the age of 21, you will have an even lower BAC limit, which means that if you make that choice, you will find that you have stricter limits placed upon you.

First DWI Offense
A first conviction of driving while under the influence (DWI/DUI) will result in license suspension. This time period is at least 90 days for a first offense, although this time period can increase up to one year depending upon the factors of your arrest. There is no minimum jail time for a first DWI offense in New Mexico, but you can face up to 90 days in jail. Community service may be mandated, as well as substance abuse treatment or counseling. Fines will include the cost of your reinstatement fees, court costs, and the cost of substance abuse assessment, treatment, and/or counseling.

Second DWI Offense
A second DWI offense over your lifetime will result in even more severe penalties and punishments. A license suspension for a period of two years is normal, as is the addition of an ignition interlock device on your vehicle after your suspension time has been serviced. As far as jail time, you are looking at a minimum of 96 hours in jail and this time can be as long as a year. You can be facing five years of probation after this time is served as well. Fines will range from $500 to $1000 and these fines will not include the cost of residential treatment programs or outpatient programs if they are mandated, as well as other fees that are associated with sentencing or with court costs.

Third DWI Offense
A minimum license suspension of three years will be mandated and this time will be served after you have been released from jail. After you have served your license suspension, you will be mandated to have an ignition interlock device on your vehicle for an additional three years. Jail time can be anywhere from 30 to 364 days, depending upon the factors that are associated with your DWI conviction. In addition, you will be on probation for at least 5 years after your sentence is served, as well as drug/alcohol treatment. Community service will most likely be mandated as well. Fines for a third DWI offense can be in the range of $750 to $1000 and this will not include the other costs that are part of your sentencing, including court fees, ignition interlock device installation cost, reinstatement fees, lawyer fees, and more. As you can see choosing to drink and drive can have a huge effect on your financial situation, as well as your freedoms for a long time to come.

It is important to remember that you make the choice to get behind the wheel of a car when you are under the influence of drugs or alcohol. If you are facing legal ramifications, you want to be sure that you get the proper legal representation to ensure that your rights are considered and supported. A lawyer will add an additional cost to your fees and fines, but it is a cost that you do not want to scrimp on. It can make all the difference in your penalties and punishments to ensure that you serve the lightest sentence possible.