New Mexico DUI State Law

Under New Mexico DUI laws, individuals who have been arrested for DUI will need to request a hearing with the Department of Motor Vehicles in a timely manner if they wish to fight the charges they are facing. Therefore, you only have a short period of time to get the help you need form a New Mexico DUI lawyer to help you to file this hearing.

New Mexico Blood Alcohol Concentration Laws

In New Mexico, you can be arrested and charged with DUI if you fail a field sobriety test, have poor driving patterns, or your physical person shows signs of being under the influence. On the other hand, if you fail a blood alcohol concentration chemical test, this too warrants an arrest. The New Mexico BAC level is .08 percent.

If you are under 21, a BAC level of .01 percent is legally enough to arrest you. This state does not have an enhanced penalty level, which means that the maximum penalties listed below remain in place even if you have a high BAC

Implied Consent Laws

In New Mexico, operating a vehicle in the state means you agree to take a chemical test of your blood should a police officer request it. If you refuse this test, you will be charged with aggravated DWI and your license will be suspended for a full year even if it is your first offense.

New Mexico DUI Laws 1st Offense:

A first offense of DUI laws in New Mexico will warrant these penalties:

• Charged with a misdemeanor
• Up to a $500 fine
• Up to 90 days in jail
• Must attend a DWI school and participate in driver's rehabilitation program
• You will also need to participate in a drug and alcohol abuse screening process, paid for by you
• An ignition interlock device may be used
• 24 hours of community service is likely.
• Driver's license probation

New Mexico DUI Laws 2nd Offense:

There is no look back law for New Mexico. This means that at any time in your life if you have been previously convicted of drunk driving, an additional charge will warrant a second offense penalty.

• Charged with a misdemeanor
• Mandatory 96 hours in jail
• $500 fine
• 38 hours of community service is required
• Participate in an alcohol or drug abuse program, including screening
• An inpatient, residential or in custody substance abuse treatment program MUST be taken. It must be at least 28 days in length.
• An ignition interlock device is required
• An additional 360 days in jail plus $500 fine may be imposed by the judge if aggravated charges are filed.
• Driver's license revocation for 1 year

New Mexico DUI Laws 3rd Offense

New Mexico DUI penalties for a third offense will include:

• Charged with a misdemeanor
• A mandatory 30 days in jail
• 96 hours of community service must be served
• $750 fine must be paid
• You must participate in a 90 day residential, in custody or inpatient alcohol or drug abuse program
• You must be screened for alcohol and drug abuse
• You will need an ignition interlock device
• Driver's license revocation of between 1 year and 10 years

Hire a New Mexico DUI Lawyer

Due to the complexities of New Mexico DUI laws, it is critical that you hire a professional and experienced New Mexico DUI lawyer to fight the case on your behalf. They may be able to get the charges dropped. They may also be able to lessen jail time, fines and treatment program requirements.

• If you have been charged with a DUI in New Mexico, Submit Your Case for a Free Review from a skilled DUI Attorney.

Contact New Mexico Drunk Driving Attorneys

Contact our Attorneys to get more information about Drunk Driving in New Mexico: