The DWI Process in New Mexico 

Getting arrested for Driving While Intoxicated (DWI) can be a challenging experience, with each state setting unique laws and requirements. If you’re navigating a New Mexico DWI, understanding what to expect can help ease the process. 

New Mexico’s Driving While Intoxicated (DWI) Laws 

In 2005, New Mexico became the first state to enact an all-offender ignition interlock law, designed to reduce recidivism and enhance road safety. New Mexico law enforces a Blood Alcohol Concentration (BAC) limit of 0.08 for most drivers and 0.02 for those under 21. Commercial drivers face a stricter limit of 0.04. Drivers who exceed these limits or refuse a chemical test are subject to New Mexico DWI penalties under the Implied Consent Act and court-imposed sanctions. 

New Mexico DWI Penalties by Offense 

First Offense 

A first DWI in New Mexico is considered a misdemeanor with the following penalties: 

• Up to a one-year license suspension 
• Up to 90 days in jail 
• Fines up to $500 
• Community service 
• Completion of the "None for the Road" DWI Awareness Program 
• Mandatory installation of an Ignition Interlock Device (IID) 

First-Time Aggravated DWI in New Mexico 

Aggravated DWI charges apply if a driver: 

• Refuses a BAC test 
• Records a BAC of 0.16 or higher 
• Causes injury in an accident 

Penalties include a mandatory 48-hour jail sentence and an extended one-year license revocation for test refusals. (Source: New Mexico MVD) 

Second Offense 

Penalties for a second New Mexico DWI conviction include: 

• Two-year license suspension 
• Up to one year in jail 
• Fines ranging from $500 to $1,000 
• Community service 
• Completion of the None for the Road program 
• IID installation 

For a second aggravated DWI offense, the penalties include: 

• License Revocation: Two-year revocation period. 
• Incarceration: Up to one year in jail, with a mandatory minimum of 96 consecutive hours. 
• Fines: Ranging from $500 to $1,000. 
• Community Service: Mandatory community service. 
• Ignition Interlock Device (IID): Installation required on all vehicles driven by the offender. 

Third Offense 

The penalties for a third New Mexico DWI offense can be more severe, including: 

• Minimum three-year license revocation 
• One year in jail 
• Fines between $750 and $1,000 
• Community service 
• IID installation 

For a third aggravated DWI offense, the penalties include: 

• License Revocation: Three-year revocation period. 
• Incarceration: Up to one year in jail, with a mandatory minimum of 60 consecutive days. 
• Fines: Between $750 and $1,000. 
• Community Service: Mandatory community service. 
• Ignition Interlock Device (IID): Installation required on all vehicles driven by the offender. 

Fourth Offense and Beyond 

A fourth or subsequent New Mexico DWI conviction is a felony, carrying: 

• Lifetime license revocation (with possible conditional reinstatement after five years) 
• Significant fines and longer jail sentences 
• Mandatory IID installation 

New Mexico Ignition Interlock Requirements 

New Mexico requires all individuals convicted of DWI to install an IID, regardless of offense level. An IID must be installed on every vehicle the individual drives. Key requirements include: 

• Obtaining a New Mexico Ignition Interlock License through the MVD. 
• Completing the IID installation through an approved provider. 
• Submitting an IID affidavit confirming installation. 
• Providing monthly calibration reports to ensure compliance. 

For those with multiple violations or who fail to complete the required IID period without incidents, license reinstatement may be delayed.  

After a DWI Conviction: What’s Next? 

To regain driving privileges in New Mexico after a DWI conviction, individuals must: 

1. Complete the required license revocation period. 
2. Pay the $100 reinstatement fee. 
3. Provide proof of SR-22 insurance, confirming financial responsibility. 
4. Complete at least six months with an IID, ensuring no recorded violations. 

For detailed steps on applying for an Ignition Interlock License, visit the New Mexico MVD website. 

Preventing Future DWIs 

New Mexico also enforces preventive measures through its Traffic Safety and Impaired Driving Programs. These initiatives aim to educate the public on the dangers of impaired driving and provide resources for repeat offenders. Programs like DWI drug courts and sobriety checkpoints are in place to deter violations and improve road safety.  

How DUI.org Can Support You 

Facing a DWI in New Mexico? DUI.org is here to guide you through the process. From understanding IID requirements to finding SR-22 insurance, we provide the resources you need to meet court and MVD requirements efficiently. Call DUI.org for reliable assistance in navigating DWI-related obligations and getting back on the road.