New Mexico Driving While Intoxicated Law
In common with many other States, a DWI arrest in New Mexico will lead to two cases being brought against the defendant, a criminal case and a Motor Vehicles Department case. If you have been arrested for DWI in New Mexico, you have limited time in order to apply for a hearing at the Motor Vehicles Department in order to retain your driver's license. It is therefore essential that you contact a New Mexico DWI lawyer as soon as possible.
Charges for DWI in New Mexico can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08% or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DWI lawyer will be able to handle each of these situations. If your BAC is recorded as being over 0.16% you will face stiffer penalties under the more serious charge Driving While Intoxicated. Under 21's have a reduced BAC limit of 0.02%.
Operation DWI is a campaign in New Mexico which is held 6 times a year which targets those who drive under the influence of alcohol or drugs. During each campaign, there are around 100 “sobriety checkpoints”, which are accompanied by a massive advertising and information campaign.
| Conviction | Punishment |
| First | Maximum 90 days in jail, up to $500 fine plus court costs, possible community service, attendance at DWI School and probation. 90 day revocation of license |
| Second | Minimum of 3 days in jail up to a maximum of 364, fine of between $750 and $1000, license revocation of between 1 and 10 years. |
| Third | Mandatory 30 day jail term and fine of between $750 and $1000 plus court costs. License revocation for between 1 and 10 years if it is your third conviction within a ten year period. |
| Fourth - Felony if within 10 years | 18 month prison sentence plus minimum 1 year revocation of license. |
Contact your Albuquerque DUI lawyer