Skip to main content

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.
Ignition interlock required after a first conviction

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.

New Mexico's DWI sentencing is set by 66-8-102: first offense up to 90 days and $500 with community service, DWI school and a one-year interlock; 'aggravated' DWI (0.16 or more, bodily injury or refusal) adds mandatory jail (48 hours first, 96 hours second). License action is two-track: the MVD administrative revocation (hearing must be requested within 10 days) and the revocation after a criminal conviction.

01Penalties

New Mexico DWI penalties

Statutory ranges for standard DWI convictions (no accident, no minor in vehicle).
New Mexico statutory DWI penalties, first and second offense
Penalty1st offense2nd offense
Jail (minimum)None96 hours
Jail (maximum)90 days364 days
Fine (minimum)No minimum$500
Fine (maximum)$500$1,000
License suspension1 year2 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.

New Mexico and the states that border it, first-offense figures side by side
StateBAC limitHearing requestInterlock, first offenseJail, first offenseFine, first offenseLicense, first offense
Arizona0.08%30 daysRequired10 days to 6 months$250 to $2,50090 days
Colorado0.08%7 daysIn some cases5 days to 1 year$600 to $1,0009 months
New Mexico (this page)0.08%10 daysRequiredUp to 90 daysUp to $5001 year
Oklahoma0.08%30 daysRequired10 days to 1 yearUp to $1,000At least 180 days, and until the Impaired Driver Accountability Program is completed
Texas0.08%15 daysIn some cases72 hours to 180 daysUp to $2,00090 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

The typical sequence, in general terms. Timing and details differ by county and by case.
  1. 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.

  2. Release

    A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.

  3. 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).

  4. Arraignment

    The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.

  5. 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.

  6. 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

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.
Show the exact words behind each figure
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

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.