New Mexico Drunk Driving Laws

Every year, countless drivers are arrested and charged with driving while impaired (DWI) in the United States. In New Mexico alone, officers make thousands of these arrests. While many motorists are obviously impaired at the time of their arrest, most drivers are shocked to learn their actions constitute DWI under state law. Unfortunately, when it comes to New Mexico drunk driving laws, ignorance is no excuse—so even if you didn’t know you were legally impaired, you will be up against the same penalties as any other driver accused of DWI.

Blood alcohol content (BAC) is the single most important factor used to determine whether a driver is considered impaired under state law. Also known as blood-to-alcohol ratio, BAC is a scientific calculation that measures the amount of alcohol present in a driver's bloodstream. The only way BAC can be measured is through chemical testing methods such as breathalyzers and blood or urine tests.

State law prohibits anyone 21 or older from operating a vehicle with a BAC of 0.08% or more. Underage drivers, however, are deemed impaired with a BAC of 0.02% or higher. Likewise, a lower BAC limit of just 0.04% also applies for drivers who operate a commercial vehicle, such as a bus, tractor-trailer, or tow truck.

Regardless of your age or the type of vehicle you drive, all motorists in New Mexico must comply with the state's Implied Consent Law, which requires drivers to submit to chemical testing when a member of law enforcement requests the procedure. Under this legislation, any driver who refuses to perform a chemical test can be arrested and charged with DWI—and in some cases, he or she will face harsher penalties than a person who failed the test.

The penalties for driving under the influence vary according to the driver’s prior history of DWI. For a first-time offender, the sentence for a DWI conviction may include up to a one-year license suspension, 90-day jail sentence, and a mandatory alcohol evaluation. In addition, the judge may require you to have an ignition interlock device installed in your vehicle, which requires you to perform a breathalyzer each time you attempt to start your vehicle.

A second conviction, on the other hand, can carry a minimum $500 fine, two- year license suspension, and 96-hour jail sentence, as well as community service, probation, and mandatory counseling/treatment for substance abuse. The penalties go up to $1,000 in fines, a 3-year license suspension, and minimum 30-day jail sentence for a third conviction, while a fourth (and all subsequent) offense will be classified as a felony, and carry the most stringent sentencing requirements under state law—including a lifetime license suspension, minimum 6-month prison sentence, and $5,000 fine.

Fortunately, being arrested for DWI is not the same as being convicted of the offense. With the right defense strategy, many drivers are able to challenge their arrest and avoid many—if not all—of the consequences of a New Mexico drunk driving conviction.

To schedule a free, no-obligation consultation with an experienced DWI defense attorney in your area, simply submit your information online today.