Brief Review of DWI Law and Penalties in New Mexico
Penalties for a DWI arrest in New Mexico can vary for drivers depending on whether it is their first DWI arrest, the amount alcohol in their blood (BAC), the county where they are arrested and if their DWI caused another person bodily injury or death. New Mexico has some of the toughest DWI laws in the country, and even if this is the drivers first DWI offense, it is a good idea to call a New Mexico DWI lawyer. A DWI attorney can review the DWI case and answer all of the DWI questions. DWI in the state of New Mexico includes:- Operating a motorized vehicle under the influence of alcohol or drugs at a level which makes the driver incapable of safely operating the car.
- The drivers blood alcohol concentration (BAC) is 0.08% or higher. If the driver is a commercial truck driver it is illegal to operate a truck with a BAC of 0.04% or higher.
- The driver is under the age of 21, and their BAC is 0.02% or higher
- Could be required to spend up to 90 days in jail
- Mandatory attendance of an alcohol education class and an alcohol evaluation class
- License revocation for 6 months to 1 year. If the driver is under the age of 21 their license will be suspended for 1 year.
- Mandatory Ignition Interlock Device for one year
- Community Service
- Required 2 year license revocation
- 96 hours mandatory jail sentence and up to 364 days in jail
- Required to pay a fine of $500 and up to a maximum of $1,000
- Alcohol evaluation and class
- Required community service
- Required installation of Ignition Interlock Device
- Mandatory 3 year license revocation
- Up to 5 years probation
- Minimum $750 fines and penalties with a maximum of $1,000
- Required community service
- Mandatory attendance in an alcohol treatment program
- Mandatory installation of an Ignition Interlock Device for 3 years
- Permanent license revocation with a 5 year court review
- Mandatory alcohol treatment and evaluation class
- Lifetime Ignition Interlock Device with a 5 year court review
- Maximum $5,000 fine
- Maximum 18 months in prison with 6 months mandatory jail time
- Do I need to hire a New Mexico criminal defense lawyer?
- What happens if my first DWI was an aggravated DWI?
