New Mexico DWI’ Law, Lawyers, Penalty and Fines

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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A DWI charge is a serious matter. Whether it’s your first offense or your third offense, you need information and help and you need them fast. Here is your one-stop source for New Mexico DWI lawyers, New Mexico DWI laws, and what a New Mexico DWI attorney can do for you.

New Mexico DUI/DWI Glossary of Terms

New Mexico DUI/DWI Insurance Consequences:

What Happens When You Get Stopped for Drunk Driving?

How Does a Drunk Driving Conviction Affect Your Record?

New Mexico DWI Lawyers:

Find an experienced New Mexico DWI Attorney at

Post your case to a New Mexico DWI Lawyer

How a DUI/DWI Lawyer Can Help

New Mexico DWI Convictions:


First Offense: 

Jail:  Imprisonment of up to 90 days in jail.

Fine:  Up to $700.

License Revocation:  Up to 1 year.

Ignition Interlock Device (IID):  The court will order an IID be installed on your vehicle(s) at your expense.


Second Offense: 

Jail:  Imprisonment of a minimum of 96 hours in jail, up to 1 year.

Fine:  $500 to $1,000.

License Revocation:   2 years.

Ignition Interlock Device:  2 years.


Third Offense: 

Jail:  Imprisonment of a minimum of 30 days in jail, up to 1 year.

Fine:  Range from $750 to $1,000.

License Revocation:   3 years.

Ignition Interlock Device:  3 years.


New Mexico BAC Per Se: 0.08 %

High BAC: 0.16%

BAC Zero Tolerance: 0.02%

Commercial Driver BAC While Operating a Commercial Vehicle: 0.04%

New Mexico Implied Consent Law/Test Refusal Consequences: Yes. If you refuse to take an alcohol test, your license will be suspended for one year and you will be prevented from getting a work permit or limited license.

The cost of chemical tests increased from $65 to $85.

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