New Mexico · DWI
New Mexico DWI laws and penalties
New Mexico's legal BAC limit is 0.08%. For a first offense, New Mexico's statute provides jail of up to 90 days, a fine of up to $500, and a license suspension of 1 year. The license hearing, the ignition interlock rule and the statute behind every figure are below.
In New Mexico the offense is called DWI (driving while intoxicated). It is the offense most states call DUI.
Figures read from official pages on .
New Mexico DWI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.16%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- Lifetime
- Prior DWI offenses that count
License hearing: ask within 10 days
Ten days from the violation date to ask the Motor Vehicle Division for a hearing (form MVD-10792 or a letter; $25 fee unless waived). Count the days with the license-hearing window calculator.Higher BAC level. 0.16 or more is "aggravated" DWI: a first conviction carries at least 48 consecutive hours in jail, a second at least 96.
Ignition interlock. One year for a first offender, on all vehicles operated.
Lookback. No time limit: an earlier conviction counts however long ago it was.
01Penalties
New Mexico DWI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 96 hours |
| Jail (maximum) | 90 days | 364 days |
| Fine (minimum) | No minimum | $500 |
| Fine (maximum) | $500 | $1,000 |
| License suspension | 1 year | 2 years |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How New Mexico compares
Of the 49 states with a confirmed BAC limit, 48 (New Mexico among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. New Mexico requires one after every first conviction.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); New Mexico gives 10.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Arizona | 0.08% | 30 days | Required | 10 days to 6 months | $250 to $2,500 | 90 days |
| Colorado | 0.08% | 7 days | In some cases | 5 days to 1 year | $600 to $1,000 | 9 months |
| New Mexico (this page) | 0.08% | 10 days | Required | Up to 90 days | Up to $500 | 1 year |
| Oklahoma | 0.08% | 30 days | Required | 10 days to 1 year | Up to $1,000 | At least 180 days, and until the Impaired Driver Accountability Program is completed |
| Texas | 0.08% | 15 days | In some cases | 72 hours to 180 days | Up to $2,000 | 90 days to 1 year |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DWI case moves through the system in New Mexico
Arrest and booking
Police arrest a driver on suspicion of DWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Ten days from the violation date to ask the Motor Vehicle Division for a hearing (form MVD-10792 or a letter; $25 fee unless waived).
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, New Mexico's statute provides jail of up to 90 days, a fine of up to $500, and a license suspension of 1 year. See the penalties table above.
04Sources
Where New Mexico's figures come from
- N.M. Stat. Ann. § 66-8-102 (nmlegis.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
- NM MVD, DWI FAQ (Implied Consent Act, NMSA §§ 66-8-107 to 66-8-112) (mvd.newmexico.gov)BAC limit under 21
- NM MVD, Navigating the DWI Process (Implied Consent Act, NMSA §§ 66-8-105 to 66-8-112) (mvd.newmexico.gov)License hearing request
- NM MVD, General DWI Information: revocation periods after a criminal DWI conviction (mvd.newmexico.gov)First offense: license · Second offense: license
Show the exact words behind each figureHide the exact words
- Main statute
N.M. Stat. Ann. § 66-8-102
N.M. Stat. Ann. § 66-8-102
66-8-102. DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS--AGGRAVATED DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS--PENALTIES.--
- BAC limit, age 21 and over
0.08%
N.M. Stat. Ann. § 66-8-102(C)(1)
(1) a person to drive a vehicle in this state if the person has an alcohol concentration of eight one hundredths or more in the person's blood or breath within three hours of driving the vehicle
- Higher BAC level
0.16%
N.M. Stat. Ann. § 66-8-102(D)(1)
(1) driving a vehicle in this state with an alcohol concentration of sixteen one hundredths or more in the driver's blood or breath within three hours of driving the vehicle
- BAC limit under 21
0.02%
NM MVD, DWI FAQ (Implied Consent Act, NMSA §§ 66-8-107 to 66-8-112)
a chemical test was administered and the test results indicated an alcohol concentration of .08 or more for a person 21 years of age or older, .04 or more if the person is a Commercial Driver’s License holder or .02 or more if the person is less than 21 years of age.
- Lookback period
Lifetime
N.M. Stat. Ann. § 66-8-102(F), (S)
F. A second or third conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than three hundred sixty-four days or by a fine of not more than one thousand dollars ($1,000), or both
- License hearing request
10 days
NM MVD, Navigating the DWI Process (Implied Consent Act, NMSA §§ 66-8-105 to 66-8-112)
you have just ten days from the violation date to ask for a hearing to discuss this revocation.
- Ignition interlock, first offense
Required after a first conviction
N.M. Stat. Ann. § 66-8-102(O)
O. Upon a conviction pursuant to this section, an offender shall be required to obtain an ignition interlock license and have an ignition interlock device installed and operating on all motor vehicles driven by the offender, pursuant to rules adopted by the bureau.
- First offense: jail, minimum
None
N.M. Stat. Ann. § 66-8-102(E)
Upon a first conviction pursuant to this section, an offender shall be sentenced to not less than twenty-four hours of community service. In addition, the offender may be required to pay a fine of three hundred dollars ($300). ... In addition to those penalties, when an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail.
- First offense: jail, maximum
90 days
N.M. Stat. Ann. § 66-8-102(E)
E. A first conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety days or by a fine of not more than five hundred dollars ($500), or both
- First offense: fine, minimum
No minimum
N.M. Stat. Ann. § 66-8-102(E)
Same passage as above.
- First offense: fine, maximum
$500
N.M. Stat. Ann. § 66-8-102(E)
Same passage as above.
- First offense: license
1 year
NM MVD, General DWI Information: revocation periods after a criminal DWI conviction
Criminal Conviction of DWI in Court 1st Offense – One Year 2nd Offense – Two Years 3rd Offense – Three Years
- Second offense: jail, minimum
96 hours
N.M. Stat. Ann. § 66-8-102(F)(1)
(1) upon a second conviction, an offender shall be sentenced to a jail term of not less than ninety-six consecutive hours, not less than forty-eight hours of community service and a fine of five hundred dollars ($500).
- Second offense: jail, maximum
364 days
N.M. Stat. Ann. § 66-8-102(F)
F. A second or third conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than three hundred sixty-four days or by a fine of not more than one thousand dollars ($1,000), or both
- Second offense: fine, minimum
$500
N.M. Stat. Ann. § 66-8-102(F)(1)
(1) upon a second conviction, an offender shall be sentenced to a jail term of not less than ninety-six consecutive hours, not less than forty-eight hours of community service and a fine of five hundred dollars ($500).
- Second offense: fine, maximum
$1,000
N.M. Stat. Ann. § 66-8-102(F)
F. A second or third conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than three hundred sixty-four days or by a fine of not more than one thousand dollars ($1,000), or both
- Second offense: license
2 years
NM MVD, General DWI Information: revocation periods after a criminal DWI conviction
Criminal Conviction of DWI in Court 1st Offense – One Year 2nd Offense – Two Years 3rd Offense – Three Years
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.