New Mexico DWI Laws & Penalties
Last reviewed:
NM: refusal to test = automatic 'Aggravated DWI'; NM was the first state to mandate interlock for ALL convictions including first offenses.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.16%).
- Lookback period: lifetime. Lifetime lookback — all prior DWIs count. 4th offense = felony; 7th+ carries multi-year prison mandatory minimums.
- Primary statute: NMSA 1978, § 66-8-102
0.16+ = Aggravated DWI (adds mandatory jail: +48 hrs first, +96 hrs second, +60 days third). Refusal of testing ALSO makes the offense aggravated.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | none (aggravated: 48 hours mandatory) – 90 days; mandatory min none standard; 48 hours if aggravated (0.16+/refusal) | $0–$500 (up to $500 plus fees) | 1-year revocation (6-month administrative) – 1 year; hardship: interlock license available | Required |
| Second offense | misdemeanor | 96 consecutive hours – 364 days; mandatory min 96 hours (+96 more if aggravated) | $500–$1,000 (plus 48 hrs community service minimum) | 2-year revocation – 2 years; hardship: interlock license | Required |
| Third offense | misdemeanor | 30 consecutive days – 364 days; mandatory min 30 days (+60 more if aggravated) | $750–$1,000 (plus 96 hrs community service) | 3-year revocation – 3 years; hardship: interlock license | Required |
| Fourth+ offense | fourth-degree felony (4th) | 6 months (mandatory) – 18 months; mandatory min 6 months | $0–$5,000 | lifetime revocation (5-year restoration petition) – lifetime; hardship: interlock after portion | Required |
First offense
- Classification: misdemeanor
- Jail: none (aggravated: 48 hours mandatory) – 90 days; mandatory min none standard; 48 hours if aggravated (0.16+/refusal)
- Fine: $0–$500 (up to $500 plus fees)
- License suspension: 1-year revocation (6-month administrative) – 1 year; hardship: interlock license available
- Alternative disposition: Supervised probation + DWI school + screening standard; conditional discharge possible for first offenders (avoids conviction).
- Interlock: NM mandates IID for ALL DWI convictions including first — 1 year minimum. National first-mover on universal interlock (2005).
Second offense
- Classification: misdemeanor
- Jail: 96 consecutive hours – 364 days; mandatory min 96 hours (+96 more if aggravated)
- Fine: $500–$1,000 (plus 48 hrs community service minimum)
- License suspension: 2-year revocation – 2 years; hardship: interlock license
- Interlock: IID 2 years.
Third offense
- Classification: misdemeanor
- Jail: 30 consecutive days – 364 days; mandatory min 30 days (+60 more if aggravated)
- Fine: $750–$1,000 (plus 96 hrs community service)
- License suspension: 3-year revocation – 3 years; hardship: interlock license
- Interlock: IID 3 years.
Fourth+ offense
- Classification: fourth-degree felony (4th)
- Jail: 6 months (mandatory) – 18 months; mandatory min 6 months
- Fine: $0–$5,000
- License suspension: lifetime revocation (5-year restoration petition) – lifetime; hardship: interlock after portion
- 5th=1yr, 6th=18mo, 7th=2yr, 8th+=3yr mandatory minimums (escalating felonies).
Refusing a chemical test (implied consent)
Refusal: 1-year administrative revocation (Implied Consent Act) AND automatically elevates the criminal charge to Aggravated DWI. Refusal admissible.
Statute: NMSA 1978, § 66-8-111
Ignition interlock
Universal interlock — NM requires IID for every DWI conviction (1 year first, escalating), the first state to do so; interlock license is the standard route to drive during revocation.
Statute: NMSA 1978, § 66-5-503; Ignition Interlock Licensing Act
Frequently asked questions
What is the penalty for a first DWI in New Mexico?
A first DWI in New Mexico is a misdemeanor. Jail: none (aggravated: 48 hours mandatory) – 90 days; mandatory min none standard; 48 hours if aggravated (0.16+/refusal). Fine: $0–$500 (up to $500 plus fees). License suspension: 1-year revocation (6-month administrative) – 1 year; hardship: interlock license available.
What is the legal BAC limit in New Mexico?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does New Mexico look back at prior DWI offenses?
lifetime. Lifetime lookback — all prior DWIs count. 4th offense = felony; 7th+ carries multi-year prison mandatory minimums.