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New Mexico DUI Laws Penalties And Fines
5th, 6th and 7th New Mexico DUI
New Mexico Driving Under the Influence (DUI) Laws
Definition of Intoxication:
New Mexico Driving While Intoxicated (DWI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). New Mexico drivers under age 21 are DWI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in New Mexico:
- Adult Driver - DWI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DWI with a BAC of 0.04 or higher
- Under 21 Driver – DWI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DWI in New Mexico is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DWI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of a DUI Offense in New Mexico
A drunk driving conviction in New Mexico has serious consequences, which become even more severe with repeat offenses. A DWI conviction in New Mexico remains on your record for 25 years, for purposes of calculating repeat offense levels. A DWI with aggravating factors, like a high BAC test result, also produces more serious punishments.
The arresting officer confiscates a New Mexico DWI arrestee’s driver’s license immediately, and issues a 20-day temporary driving permit, pending an administrative suspension hearing, which must be requested within 10 days. A New Mexico DWI court has no power to suspend a driver’s license; all suspensions are handled by the New Mexico Department of Transportation.
