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The DWI Process in New Mexico

The DWI Process in New Mexico

Getting arrested for drinking while intoxicated can be a stressful time. Because each state has different laws about ignition interlock devices (IIDs), understanding the laws specific to your state is crucial. Let’s walk through what happens if you’re a resident of New Mexico.

New Mexico’s Driving While Intoxicated (DWI) Laws

In 2005, New Mexico became the first state to enforce an all-offender ignition interlock law — an initiative to reduce drunk driving recidivism rates and keep our nation’s roads safe. Learn more about all-offender laws.

The legal blood alcohol level (BAC) in New Mexico is .08, so if you’re pulled over and have a BAC of .08 or higher, you’ll be arrested for a DWI. Your driver’s license can be revoked for both a violation of the Implied Consent Act and a DWI conviction through a criminal court.

First Time DWI

Given the high number of serious injuries and fatalities involved with DWI-related accidents, the penalties for driving while intoxicated in the state of New Mexico are serious. A first DWI offense in New Mexico is treated as a misdemeanor, and you will be required to install an ignition interlock device. In addition, you may also have to complete the following:

First Time Aggravated DWI

Consequences for DWI convictions get more serious not only for repeated offenses, but also for aggravated DWI offenses. For a first-time aggravated DWI offense, there is a mandatory additional 48 hours of jail time, but a third offense can get you up to an additional 60 days of jail time.

A person is charged with an aggravated DWI if:

    • You refused to submit to a breath or blood test after being requested to do so by a law
      enforcement officer.
    • You submitted to a breath or blood test and the results were higher than a .16 BAC.
    • You were involved in a DWI accident involving serious physical injuries.

Typically, an aggravated DWI conviction involves a period of mandatory 48-hour incarceration. An aggravated DWI based upon refusal will also extend your license revocation from 6 months to one year.

Second Offense

If you’ve been convicted of a second offense DWI in New Mexico, your penalties increase, including:

    • Install an ignition interlock device
    • Serve a two-year license suspension
    • Serve up to 1-year jail time
    • Pay $500 to $1,000 in fees
    • Complete None for the Road DWI Awareness Program

Third Offense

A third DWI offense in New Mexico means your license will be revoked for a minimum of three years. You may also need to complete the following:

    • Install an ignition interlock device
    • Serve three-year to lifetime license suspension
      • Court reviews suspension after five years
    • Serve 1 year of jail time
    • Pay $750 to $1,000 in fees
    • Complete None for the Road DWI Awareness Program

Fourth Offense

If you’re convicted of a fourth of subsequest DWI offense, your license will be revoked for your lifetime, and the conviction is considered a felony. 

What to do after a DWI:

Any individual whose license was revoked for a DWI must meet the following requirements:

  • Pay the $100 total reinstatement fee.
  • Complete the license revocation period.
  • Satisfy all court-ordered ignition interlock requirements and complete the ignition interlock license affidavit. 
  • Provide SR-22 form for proof of insurance.
  • The driver must have completed a minimum of six months of driving with an ignition interlock device with no attempts to circumvent or taper with the device.

The only way to ensure that you will regain the ability to drive throughout this process is to be licensed in New Mexico, which gives you eligibility to obtain and use a New Mexico Ignition Interlock License.

How Intoxalock can help

Intoxalock customer support can help you understand your IID requirements and will find a convenient installation location near your home or workplace. Call (833) 623-0200 today.


Category: Legislation

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