Ignition Interlock Laws in New Mexico
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DUI Laws in New Mexico
DUI and ignition interlock device (IID) regulations vary significantly across the United States, reflecting a patchwork of state-specific approaches to addressing impaired driving. Each state has different criteria for the installation of IIDs for DUI offenders, the duration of IID installation, procedures for IID removal, and penalties for tampering with the device. To ensure compliance with local laws, it is crucial to check with your state officials and continue reading relevant resources on the webpage for the most accurate and up-to-date information.
What to Know
- In New Mexico, your drivers license will be confiscated immediately if your BAC is above .08.
- You have 10 days to drive with a temporary permit and request a hearing to contest the administrative license suspension. Failure to request a hearing results in automatic suspension for 21 months.
- The administrative license suspension is distinct from the judicial DUI case, involving separate proceedings and authorities. The outcome of the administrative case can impact judicial procedures, so timely action is crucial.
New Mexico DUI Resources
If you need to regain your license in New Mexico, Guardian can guide you through the process quickly and affordably.
Every situation and state is unique, please consult with your attorney or your state licensing authority to confirm your requirements and obligations.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites for the convenience of our readers. Links from Guardian Interlock to other sites, or from other sites to the LifeSafer, do not constitute an endorsement by Guardian Interlock.
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Administrative License Revocation (ALR) Procedures
New Mexico is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional DWI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.
You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th day for 21 months. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court-approved locations, and emergencies.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
Judicial Procedures
In New Mexico, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even if it is the first offense.
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License Revocation, Fines, and Jail in New Mexico
| Offense | Jail Time | Fines | License Revocation | IID Duration | Community Service | Program | Probation |
|---|---|---|---|---|---|---|---|
| First Misdemeanor | up to 90 days | up to $500 | 6 months – 1-year | 1-year | 24+ hours | alcohol abuse screening and treatment programs as required, mandatory DWI school | n/a |
| Second Misdemeanor | up to 364 days (96-hour min.) | $500 – $1,000 | 2 years | 2 years | 48+ hours | alcohol abuse screening and treatment programs as required | up to 5 years |
| Third Misdemeanor | up to 364 days (30-day min.) | $750 – $1,000 | 3 years | 3 years | 96+ hours | alcohol abuse screening, and treatment programs as required | up to 5 years |
| Fourth Fourth Degree Felony | up to 18 months (1-year min.) | up to $5,000 | lifetime ignition interlock restriction (reviewed after 5 years) | lifetime ignition interlock restriction (reviewed after 5 years) | alcohol abuse screening, and treatment programs as required | ||
| Fifth Fourth Degree Felony | up to 2 years (1-year min.) | up to $5,000 | lifetime ignition interlock restriction (reviewed after 5 years) | lifetime ignition interlock restriction (reviewed after 5 years) | alcohol abuse screening, and treatment programs as required | ||
| Sixth Third Degree Felony | up to 30 months (18 months min.) | up to $5,000 | lifetime ignition interlock restriction (reviewed after 5 years) | lifetime ignition interlock restriction (reviewed after 5 years) | alcohol abuse screening, and treatment programs as required | ||
| Subsequent Offenses Felony | up to 3 years (2 years min.) | up to $5,000 | lifetime ignition interlock restriction (reviewed after 5 years) | lifetime ignition interlock restriction (reviewed after 5 years) | alcohol abuse screening, and treatment programs as required |
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