• State Penal Code – NMS 66-8-102
• Open Container Laws – Yes
• Repeat Offender Laws – None
• Check Points – Yes
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in New Mexico are:

1st Refusal

• 1 year license revocation

2nd Refusal

• 1 year license revocation

3rd Refusal

• 1 year license revocation

• New Mexico has a lifetime lookback period
• Any prior conviction for DUI/DWI can be factored in when determining penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

• For all underage DUI/DWI offenses, your drivers license will be revoked regardless of prior underage DUI/DWI
• The length of time is entirely dependent on the discretion of the judge

1st Offense

• 1 year license revocation

• 48 hours of Community Service and a $300 fee

• Prison (90 day maximum sentence)
• Installation of Ignition Interlock Device
• must complete a state approved alcohol and drug assessment program

2nd Offense

• 2 year license revocation

• $500 – $1000 fine
• 48 hours of Community Service

• Prison (96 hour minimum, 364 day maximum)
• Installation of Ignition Interlock Device
• must complete a state approved alcohol and drug assessment program

• In New Mexico, a charge of Aggravated DUI/DWI will affect jail time by adding mandatory minimum sentences.
• For a first offense, add a mandatory 2 days of jail time.
• For a second offense, add a mandatory 4 days of jail time.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• New Mexico does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply