New Mexico DUI Laws
New Mexico takes a tough, no-nonsense approach to drunk driving, combining strict penalties with some of the longest standing ignition interlock rules in the country. The state focuses on pulling impaired drivers off the road quickly, using license revocations, mandatory interlocks, and blood and breath testing to back up every DWI charge. If you’re arrested for DWI, expect fast consequences, close monitoring, and a legal process that holds you accountable while still giving you a way to drive legally for work and family needs.
Getting Started
If you’re arrested for driving while intoxicated in New Mexico, you face both administrative and criminal proceedings. The Motor Vehicle Division (MVD) handles license revocations separately from the criminal courts that determine legal penalties. This guide walks you through what to know about New Mexico’s DWI process.
Important Note: While this page provides detailed information, DUI.org does not offer legal advice. Laws can change, so consult a qualified DWI attorney for personalized guidance.
Definitions to Know
DWI (Driving While Intoxicated)
New Mexico’s legal term for operating a motor vehicle under the influence of alcohol or drugs.
IID (Ignition Interlock Device)
A breathalyzer installed in a vehicle that prevents it from starting if alcohol is detected on the driver’s breath.
New Mexico Motor Vehicle Division (MVD)
The New Mexico Motor Vehicle Division plays a crucial role in DWI cases by administering administrative license revocations independently from criminal proceedings. The MVD handles license suspensions, issues interlock licenses, and monitors compliance with ignition interlock requirements. They also process license reinstatements once all requirements are fulfilled.
Steps to Take After DUI Arrest in New Mexico
- Consult an Attorney
Legal representation can help navigate both the MVD administrative process and criminal proceedings.
- Request an MVD Hearing
You have only 10 days from arrest to request an administrative hearing to contest license revocation.
- Apply for an Interlock License
Even after revocation, you may be eligible to drive with an ignition interlock device installed.
Explore IIDs - Install an Ignition Interlock Device
Required for all DWI convictions in New Mexico, regardless of whether it’s your first offense.
- Complete Substance Abuse Screening
Assessment and treatment may be required as part of your sentence.
- Complete DWI Education Program
Court-ordered DWI school is typically required for all offenses.
- Pay Fines and Fees
Expect to pay court fines, MVD reinstatement fees, and costs for interlock installation and monitoring.
- Attend Court Proceedings
Your criminal case will proceed separately from the MVD license revocation process.
- Comply with Probation Terms
Violating probation conditions can result in jail time and extended license revocation.
- Avoid Further Violations
Additional DUI offenses within 10 years will result in increasingly severe penalties.
DWI Laws in New Mexico
What Are the Legal Driving Alcohol Limits in New Mexico?
In New Mexico, it’s illegal to drive while impaired by alcohol or drugs. The state establishes specific blood alcohol concentration (BAC) limits to determine legal intoxication. Law enforcement uses breathalyzers and other chemical tests to measure these levels.
| Driver Category | Illegal BAC Limit |
| Age 21 and older | 0.08% |
| Commercial Drivers (CDL) | 0.04% |
| Under 21 | 0.02% or higher (Zero Tolerance) |
Felony vs Misdemeanor DWI Charges
In New Mexico, most first, second, and third DWI offenses are classified as misdemeanors. However, a fourth or subsequent DWI is automatically charged as a felony. Additionally, a DWI that causes great bodily harm or death can be charged as a felony regardless of prior offenses.
DUI Penalties & Consequences
Penalties for DWI Offenses in New Mexico
New Mexico imposes progressive penalties for DWI convictions that become increasingly severe with each subsequent offense.
First DWI (misdemeanor)
Jail: 0–90 days; aggravated DWI has a mandatory jail component, but a non‑aggravated first has no mandatory jail time.
Fine: About $300–$500 plus costs.
Treatment: DWI school and screening/treatment as ordered.
License revocation (criminal): Substance abuse assessment; IID for 6 months if BAC is .15% or higher
Ignition interlock: 1‑year ignition interlock requirement after conviction.
Second DWI (misdemeanor)
Jail: Minimum 96 consecutive hours, up to 364 days.
Fine: Typically $500–$1,000 plus costs.
Community service: At least 48 hours.
Treatment: Screening and treatment/DWI school required.
License revocation (criminal): 2‑year revocation for a second conviction.
Ignition interlock: 2‑year interlock requirement.
Third DWI (misdemeanor)
Jail: Minimum 30 days, up to 364 days; aggravated third has higher mandatory time.
Fine: $750–$1,000 (some practitioner summaries note up to $2,000) plus costs.
Community service: At least 96 hours.
Treatment: More intensive treatment is typically required for repeat offenders.
License revocation (criminal): 3‑year revocation.
Ignition interlock: 3‑year interlock requirement.
Fourth DWI (felony)
Imprisonment: At least 6 months mandatory, up to 18 months.
Fine: Up to $5,000.
Treatment: Ongoing substance abuse treatment and monitoring are standard conditions.
License revocation (criminal): Lifetime revocation, with the ability to petition for restoration after 5 years.
Ignition interlock: Lifetime for a fourth or subsequent conviction unless a court intervenes.
Refusing a Chemical Test Under New Mexico DWI Law
New Mexico enforces implied consent. By driving in the state, you automatically agree to chemical testing if arrested for DWI. Refusing a test has serious consequences independent of any DWI conviction.
| Offense | Consequence for Test Refusal |
| First Refusal | 1-year license revocation |
| Subsequent Refusal | 1-year license revocation |
These revocations apply regardless of whether you’re convicted of DWI, and the refusal can be used as evidence against you in court.
Aggravating Factors That Increase New Mexico DWI Penalties
In New Mexico, these circumstances can lead to enhanced penalties:
- High BAC Levels: BAC of 0.16% or higher results in increased mandatory jail time
- Child Endangerment: Having a minor in the vehicle adds mandatory jail time and potential child abuse charges
- Bodily Injury: Causing injury while driving impaired results in felony charges regardless of prior offenses
- Fatalities: DWI causing death is charged as vehicular homicide, a second-degree felony
- Driving on Revoked License: DWI while already revoked for a previous DWI leads to enhanced penalties
- Refusal to Submit to Testing: Can result in longer license revocations and may be used as evidence in court
Driving Without a Valid License
Driving while your license is revoked due to a DWI in New Mexico is a serious offense. If caught, you face:
- Mandatory minimum jail time of 7 days, up to 1 year
- Additional fines
- Additional 1-year license revocation
- Vehicle immobilization for 30 days (the vehicle you were driving)
- Probation as ordered by the court
These penalties are in addition to any other charges or consequences you may face. Multiple violations for driving while revoked can lead to escalating penalties and more serious charges.
License Suspension
Who Determines if You Can Continue Driving After a DWI
In New Mexico, two separate processes affect your driving privileges after a DWI arrest:
- Administrative Process: The MVD handles license revocations based on either test results showing BAC over the legal limit or refusing to take a chemical test. This process occurs independently of the criminal case outcome.
- Criminal Court Process: If convicted of DWI, the court will order additional license revocation periods that may run concurrently with or consecutive to the administrative revocation.
Both entities can impose license revocations, and you must satisfy requirements from both to fully restore your driving privileges.
How Long Will Your License Be Suspended?
A DWI arrest in New Mexico triggers two separate revocation processes: an administrative revocation handled by the MVD based on your BAC test result or refusal, and a criminal court-ordered revocation if you are convicted.
Administrative Revocation (Implied Consent)
| Circumstance | Length |
| First DWI – BAC over legal limit | 6 months |
| First DWI – Refusal to test | 1 year |
| Second or subsequent implied-consent violation (within 10 years) | 1 year |
| Juvenile driver – any DWI or refusal | 1 year |
Criminal Court-Ordered Revocation (if convicted)
| Offense | Revocation Period |
| First DWI conviction | 1 year |
| Second DWI conviction | 2 years |
| Third DWI conviction | 3 years |
| Fourth or subsequent DWI conviction (felony) | Lifetime revocation (eligible to petition for restoration after 5 years) |
These revocation periods operate independent and run separately. You must satisfy both the administrative revocation and the criminal court-ordered revocation before you can fully reinstate your driving privileges. The MVD administrative revocation begins immediately upon arrest (subject to an administrative hearing within 10 days), while the criminal court revocation is imposed at sentencing if you are convicted.
Steps to Reinstate Your License
To regain full driving privileges after a DWI in New Mexico, you must:
- Complete the full revocation period
- Pay reinstatement fees
- Install an ignition interlock device for the required period
- Complete court-ordered DWI education or treatment programs
- Maintain a clean driving record during the revocation period
Restoring Your Driving Privileges
Regaining your driving privileges after a DWI conviction in New Mexico involves meeting specific requirements established by both the courts and the Motor Vehicle Division (MVD).
New Mexico law allows most drivers charged with or convicted of a DWI to apply for an interlock license during their administrative and criminal revocation periods. This special license permits limited driving with an ignition interlock device installed. This means you may be eligible to drive during your revocation period rather than being completely prohibited from driving, provided you meet all requirements and maintain compliance with the interlock device.
However, you must still complete your full revocation period, install an approved interlock device, and comply with all other court and MVD requirements before you can obtain the interlock license.
Eligibility for an Interlock License
New Mexico typically requires a minimum of six months of verified interlock-license driving (and completion of revocation, court-ordered interlock, and fees) before reinstatement, and administrative revocations begin immediately.
Eligibility requirements:
- Must have received notice of license revocation from MVD
- Must not have other disqualifying suspensions or revocations
- Must install an approved ignition interlock device on all vehicles you drive
- Must complete application and pay required fees
How to Apply for an Interlock License
If you are not eligible for a Probationary License (due to high BAC or prior offenses), you may apply for an ignition interlock-restricted license (IIRL). This allows you to drive legally provided an interlock device is installed. Eligibility generally applies to:
- First offenders with BAC .15% or higher
- Second and subsequent offenses
- Drivers who refused chemical testing (after serving 45 days of suspension)
Eligibility for an Interlock License
To obtain an interlock license in New Mexico, follow these steps:
- Select an approved interlock provider and have the device installed
- Bring the interlock installation certificate to an MVD office
- Complete the interlock license application
- Pay the application and license fees
- Receive a license with “Interlock” designation that restricts you to only driving vehicles with the device installed
Ignition Interlock Device (IID) Requirements
New Mexico law requires all drivers convicted of DWI to install and maintain an ignition interlock device as a condition of driving. The mandatory installation period depends on your offense level:
Interlock Installation Periods
First DWI conviction
1 year minimum
Second DWI conviction
2 years minimum
Third DWI conviction
3 years minimum
Fourth or subsequent DWI conviction (felony)
Lifetime requirement (reviewable by court after 5 years)
For individuals with a lifetime revocation due to a fourth or subsequent conviction, you may petition the district court for restoration of your license 5 years after your conviction. You typically must show proof of satisfactory interlock usage as part of your “good cause” hearing.
Selecting the right ignition interlock provider can make a world of difference.
Substance Abuse Evaluation and Treatment
New Mexico requires substance abuse screening and potential treatment for all DWI offenses.
- Screening: Professional evaluation to determine the extent of alcohol or drug issues
- Treatment Programs: Based on screening results, you may be required to complete education, outpatient, or inpatient treatment
- DWI Schools: State-approved programs that provide education about the dangers of impaired driving
- Compliance: Failure to complete required programs will prevent license reinstatement
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DWIs in New Mexico
How long does a DWI stay on your record in New Mexico?
For criminal convictions, DWI convictions remain on your driving record permanently in New Mexico and count toward enhanced penalties for life. For administrative license revocation (implied consent) purposes, prior violations within 10 years are considered when determining the length of revocation.
Can I refuse a breathalyzer test in New Mexico?
You can refuse a breathalyzer in New Mexico, but under implied consent laws, refusal results in automatic license revocation for one year, even if you’re not convicted of DWI.
Do I need an ignition interlock for a first DWI in New Mexico?
New Mexico requires ignition interlock devices for all DWI convictions, including first offenses.
Can I get a DWI expunged in New Mexico?
New Mexico law generally does not allow for expungement of DWI convictions.
Sources
- New Mexico Motor Vehicle Division. (n.d.). Revocations and Interlock License. https://www.mvd.newmexico.gov/revocations-and-interlock-license/
- New Mexico Motor Vehicle Division. (n.d.). DWI Information. https://www.mvd.newmexico.gov/nm-drivers-licenses-ids/dwi-information/
- New Mexico Department of Transportation. (n.d.). Impaired Driving DWI Programs. https://www.dot.nm.gov/planning-research-multimodal-and-safety/modal/traffic-safety/impaired-driving-dwi-programs/
- FindLaw. (n.d.). New Mexico DWI Laws. https://www.findlaw.com/state/new-mexico-law/new-mexico-dwi-laws.html
- New Mexico Department of Transportation. (n.d.). Ignition Interlock Program. https://www.dot.nm.gov/planning-research-multimodal-and-safety/modal/traffic-safety/ignition-interlock-program/
- New Mexico Motor Vehicle Division. (n.d.). How to Get an Interlock. https://www.mvd.newmexico.gov/nm-drivers-licenses-ids/dwi-information/how-to-get-an-interlock/
- New Mexico Transportation Safety Center. (n.d.). DWI Schools. https://nmtsc.unm.edu/dwi-schools/
Get support.
What is next? We can help you through the process. Give us a little information and we can support you through the next steps.
All fields are required.