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DWI Laws and Penalties for New Mexico

While New Mexico follows the national average for blood alcohol concentration of 0.08 for persons over 21. In addition to this the local laws are stricter for persons under 21 whose allowable BAC limit is 0.02 and commercial drivers whose allowable BAC limit is 0.04. New Mexico has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. These laws have generally been upheld by courts as a valid exercise of the states' police power against challenges under the forth amendment. In 2010 the State of New Mexico Legislature passed Senate Bill 32. The new law increases DWI chemical test fee from $65 to $85. New Mexico has a 10 year look back Period: (Period of time that prior DUIs are relevant for sentencing. also known as a “washout” period.) It’s also not possible to plea bargain

If you refuse to take a chemical test to determine your BAC then you will face the following penalties

First Offense

• 1 year license revocation

• No minimum required jail term

Second Offense

• 1 year license revocation

• 4 days jail

Third Offense

• 1 year license revocation

• 30 days jail

 

New Mexico Penalties for first Offence DWI

• Jail – Up to 90 Days

• License Suspension – Up to 1 Year

• Ignition Interlock – 1 Year

• DWI School

• Alcohol Evaluation

• Community Service

• Treatment – (Possible)

 

New Mexico penalties for Second Offense DWI

• Jail – Minimum 96 Hours up to 364 Days

• Fine – Minimum $500 up to $1,000

• License Suspension – 2 Years

• Ignition Interlock – 2 Years

• Alcohol Evaluation

• Community Service

• Treatment

• Probation – Up to 5 Years

 

New Mexico penalties for third offense DWI

• Jail – Minimum 30 days up to 364 Days

• Fine – Minimum $750 up to $1,000

• License Suspension – 3 Years

• Ignition Interlock – 3 Years

• Alcohol Evaluation

• Community Service

• Treatment

• Probation – Up to 5 Years

 

New Mexico penalties for forth offence DWI

• Felony Offense

• Prison – Minimum 6 Months up to 18 Months

• Fine – Minimum Up to $5,000

• License Suspension – Lifetime (With 5 Year Review)

• Ignition Interlock – Lifetime (After 5 Year Review)

• Alcohol Evaluation

• Treatment

 

New Mexico Penalties for Fifth Offence DWI

• Felony Offense

• Prison – Minimum 1 Year up to 2 Years

• Fine – Minimum Up to $5,000

• License Suspension – Lifetime (With 5 Year Review)

• Ignition Interlock – Lifetime (After 5 Year Review)

• Alcohol Evaluation

• Treatment

 


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