New Mexico DWI Penalties
Below please find a listing of New Mexico mandatory and potential penalties for drunk driving:
DWI 1st Offense
A “first conviction” (DWI-1st offense) for drunk driving / DUI means:
(1) The defendant does not have a prior DWI conviction; or
(2) The defendant has a prior DWI conviction, but:
• The conviction resulted in a sentence of imprisonment; AND
• The defendant was not represented by counsel and didn’t execute a valid waiver of counsel.
Mandatory Sentence (DWI-1st):
Under §66-8-102(E), the sentence for a first conviction for DWI must include the following, none of which may be suspended, deferred or taken under advisement:
• 24 hours of community service.
• “DWI school”–a driver rehabilitation program for alcohol or drugs approved by
the Traffic Safety Bureau of the State Department of Transportation.
• Alcohol or drug abuse screening program approved by the Department of Finance
and Administration.
• An ignition interlock driver’s license must be obtained and an ignition interlock
device must be installed and operating on all motor vehicles driven by the
offender for one year. Unless it is determined that the offender is
indigent, the offender must pay all costs associated with having the ignition
interlock device installed on the appropriate motor vehicles. §66-8-102(N).
Aggravated DWI – 1st Offense
Aggravated DWI–First Conviction: If the first conviction is for aggravated DWI, the sentence also must include not less than 48 consecutive hours of jail. This jail sentence shall not be suspended, deferred or taken under advisement. §66-8-102(E).
DWI 2nd Offense
A “second conviction” (DWI-2nd Offense) for drunk driving/ DUI means:
(1) The defendant has one prior DWI conviction and was represented by counsel, regardless of the sentence; [or]
(2) The defendant has one prior DWI conviction and validly waived counsel, regardless of the sentence; [or]
(3) The defendant has one prior DWI conviction, was not represented by counsel, and the conviction did not result in a sentence of imprisonment.
Mandatory Sentence:
Under §66-8-102(F)(1), the sentence for a second conviction for DWI must include the following, none of which can be suspended, deferred or taken under advisement :
- 96 consecutive hours of jail.
- $500 fine.
- Not less than 48 hours of community service.
- Alcohol or drug abuse screening program approved by the Department of Finance and Administration. §66-8-102(K).
- Completion, within a time specified by the court, of one of the following court approved programs: (1) an inpatient, residential or in-custody substance abuse treatment program at least 28 days in duration; (2) an outpatient treatment program at least 90 days in duration; (3) a drug court program; or (4) any other substance abuse treatment program. §66-8-102(L).
- An ignition interlock driver’s license must be obtained and an ignition interlock device must be installed and operating on all motor vehicles driven by the offender for two years. Unless the court determines the offender is indigent, the offender must pay all costs associated with having the ignition interlock device installed on the appropriate motor vehicles. §66-8-102(N).
MISDEMEANOR
- 2-year license revocation.
- Up to 364 days jail, 96 hours mandatory.
- Up to $1,000 fine, $500 mandatory.
- Other Mandatory Penalties: Alcohol evaluation, community service, treatment, ignition interlock for 2 years.
- Other: Up to 5 years probation.
Aggravated DWI – 2nd Offense
If the second conviction is for aggravated DWI, sentence also must include not less than 96 additional consecutive hours of jail, for a total of 8 consecutive days in jail. This jail sentence shall not be suspended, deferred or taken under advisement.§66-8-102(F)(1).
Discretionary Sentence: Under §66-8-102(F), the sentence for a second conviction for DWI may include the following:
- Up to 356 additional days in jail.
- Up to $500 additional fine.
- Costs of any court-ordered screening and treatment programs. §66-8-102(R).
DWI 3rd Offense
A “third conviction” for DWI means the defendant has two prior DWI convictions, and for each conviction:
1. The defendant was represented by counsel, regardless of the sentence; [or]
2. The defendant validly waived counsel, regardless of the sentence; [or]
3. The defendant was not represented by counsel, and the conviction did not result in a sentence of imprisonment.
Mandatory Sentence: Under §66-8-102(F)(2), the sentence for a third conviction for DWI must include the following, none of which can be suspended, deferred or taken under advisement:
- 30 consecutive days of jail.
- $750 fine.
- Not less than 96 hours of community service.
- Alcohol or drug abuse screening program approved by the Dept. of Finance & Administration §66-8-102(K).
- Completion, within a time specified by the court, of one of the following court approved programs: (1) an inpatient, residential or in-custody substance abuse treatment program at least 28 days in duration; (2) an outpatient treatment program at least 90 days in duration; (3) a drug court program; or (4) any other substance abuse treatment program. §66-8-102(L).
- An ignition interlock driver’s license must be obtained and an ignition interlock device must be installed and operating on all motor vehicles driven by the offender for three years. Unless the court determines the offender is indigent, the offender must pay all costs associated with having the ignition interlock device installed on the appropriate motor vehicles. §66-8-102(N).
MISDEMEANOR
- 3-year license revocation.
- Up to 364 days jail, mandatory 30 days.
- Up to $1,000 fine, $750 mandatory.
- Other Mandatory Penalties: Alcohol evaluation, community service, treatment, ignition interlock for 3 years.
- Other: Up to 5 years probation.
Aggravated DWI – 3rd Offense
Aggravated DWI–Third Conviction
If the third conviction is for aggravated DWI, sentence also must include not less than 60 additional consecutive days of jail, for a total of 90 days in jail. §66-8-102(F)(2).
Discretionary Sentence:
- Under §66-8-102(F), the sentence for a third conviction for DWI may include the following:
- Up to 334 additional days in jail.
- Up to $250 additional fine.
- Costs of any court-ordered screening and treatment programs. §66-8-102(R).
DWI 4th Offense – or higher
Under §66-8-102, a fourth or subsequent DWI conviction (DWI-4th or higher) is a felony that must be handled in district court exclusively.
DWI – 4th Offense:
A fourth DWI conviction is a fourth degree felony for which the offender must be sentenced to 18 months of imprisonment, of which 6 months shall not be suspended, deferred or taken under advisement. §66-8-102(G). In addition, under §31-18-15(E)(8), a fourth degree felony is subject to a $5000 maximum fine.
DWI – 5th Offense:
A fifth DWI conviction is a fourth degree felony for which the offender must be sentenced to 2 years of imprisonment, of which 1 year shall not be suspended, deferred or taken under advisement. §66-8-102(H). In addition, under §31-18-15(E)(8), a fourth degree felony is subject to a $5000 maximum fine.
DWI – 6th Offense:
A sixth DWI conviction is a third degree felony for which the offender must be sentenced to 30 months of imprisonment, of which 18 months shall not be suspended, deferred or taken under advisement. §66-8-102(I). In addition, under §31-18-15(E)(8), a third degree felony is subject to a $5000 maximum fine.
Aggravated
Aggravated will be added to a NM DWI criminal charge if:
(1) your Blood Alcohol Content (“BAC”) is at or above 0.16,
(2) you refuse to take (or submit) to a BAC test, [or]
(3) you cause bodily injury while DUI/ DWI.
The penalties for an aggravated DWI are more severe than a non-aggravated DWI:
- 1st Offense | Mandatory = Additional 2 days in jail.
- 2nd Offense | Mandatory = Additional 4 days in jail.
- 3rd Offense | Mandatory = Additional 60 days in jail.
