New Mexico

new-mexicoNew Mexico State & DUI Laws

New Mexico has two sets of procedures that you must attend to when you have been charged with a DWI—administrative and judicial. We suggest that you consult with a DWI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
New Mexico Motor Vehicle Division (MVD)
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 a 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 than 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 a first offense.

License Revocation, Fines and Jail

  • First Offense – Misdemeanor: up to 90 days in jail, up to $500 in fines, 6 months to 1 year driver’s license revocation, 1 year ignition interlock restriction, not less than 24 hours community service, alcohol abuse screening and treatment programs as required, and mandatory DWI school.
  • Second Offense – Misdemeanor: up to 364 days in jail (96 hours mandatory minimum), $500 to $1,000 in fines, 2 years driver’s license revocation, 2 years ignition interlock restriction, not less than 48 hours community service, alcohol abuse screening and treatment programs as required, and up to 5 years of probation.
  • Third Offense – Misdemeanor: up to 364 days in jail (30 days mandatory minimum), $750 to $1,000 in fines, 3 years driver’s license revocation, 3 years ignition interlock restriction, not less than 96 hours community service, alcohol abuse screening and treatment programs as required, and up to 5 years of probation.
  • Fourth Offense – Fourth Degree Felony: up to 18 months in jail (6 months mandatory minimum), up to $5,000 in fines, lifetime driver’s license revocation (reviewed after 5 years), lifetime ignition interlock restriction (reviewed after 5 years), and alcohol abuse screening and treatment programs as required.
  • Fifth Offense – Fourth Degree Felony: up to 2 years in jail (1 year mandatory minimum), up to $5,000 in fines, lifetime driver’s license revocation (reviewed after 5 years), lifetime ignition interlock restriction (reviewed after 5 years), and alcohol abuse screening and treatment programs as required.
  • Sixth Offense – Third Degree Felony: up to 30 months in jail (18 months mandatory minimum), up to $5,000 in fines, lifetime driver’s license revocation (reviewed after 5 years), lifetime ignition interlock restriction (reviewed after 5 years), and alcohol abuse screening and treatment programs as required.
  • Seventh and Subsequent Offenses – Felony: up to 3 years in jail (2 years mandatory minimum), up to $5,000 in fines, lifetime driver’s license revocation (reviewed after 5 years), lifetime ignition interlock restriction (reviewed after 5 years), alcohol abuse screening and treatment programs as required.

Need an Ignition Interlock in New Mexico? Start with Guardian Interlock®

Guardian Interlock offers complete installation and monitoring of an ignition interlock device on a wide range of vehicles to help you maintain compliance with New Mexico driving restrictions.

  • Most affordable interlock solution
  • Accurate technology – no false positives
  • Expert technicians to help you every step of the way
  • Direct communication with the state monitoring authorities to reduce hassles and keep you in compliance with state reporting requirements
  • 24/7/365 customer service, so you’ve always got the support you need

Get Started now. Find a Guardian Interlock installer or call toll-free 800-499-0994

800-499-0994