New Mexico DUI Penalties

New Mexico DUI law states that if you are arrested for a DUI within state boundaries, two separate court cases may occur. The first is a criminal court case where the offender may be faced with penalties such as jail time, fines, mandatory DWI educational programs, the possibility of an ignition interlock device being installed in their vehicle, and so on. The second case is a New Mexico drunk driving Motor Vehicles Division hearing, which may result in the offender’s driver’s license being temporarily revoked as a consequence of drunk driving.

Like most states, New Mexico’s DUI law is grounded in two very important legal concepts. In keeping with the first legal concept, an individual may be prosecuted for a DUI if, at the time of arrest, they were operating a vehicle under the influence of alcohol and/or drugs, and were therefore mentally and physically impaired from driving safely. On the other hand, the second legal concept states that an individual may be charged for DUI if they were in violation of New Mexico’s “per se” law. This law states that if an individual was driving with a blood alcohol content (BAC) of .08 percent or higher, they were legitimately intoxicated and can be charged with drunk driving.

Penalties for a DUI in New Mexico: First offense

The penalties for DUI in New Mexico vary depending on the number of prior offenses. A first offense may result in penalties such as a jail sentence of up to 90 days and a fine of $500 (plus an additional $200 in court fees). There may also be the possibility of having to go to DWI school, participate in an alcohol screening with counseling, perform community service, and/or attend a victim impact panel.

Second Offense

The penalties for a second DUI offense in New Mexico may be a jail sentence of three days to one year and a fine of $500 to $1000. If the DWI offender was “aggravated” at the time of the offense, then the jail sentence minimum may be extended to a minimum of at least 7 days.

Third Offense

Finally, the penalties for a third DUI offense in NM may be a minimum of three days to 1 year in jail, a fine of $750 to $1000, and so on. Furthermore, the offender’s license may be revoked for 1 to 10 years if the third offense occurred within 10 years of the last DUI conviction.

The penalties for a DUI in New Mexico may appear to be fairly harsh, but a DUI defense lawyer can aid in lessening the severity of the punishments. Therefore, it is recommended, if you are arrested and charged for a DUI in the state of New Mexico, that you contact a DUI defense lawyer immediately.