DUI Laws & Penalties in New Mexico
New Mexico has a different set of charges and penalties if you are found guilty of not just a normal DUI/DWI but that of aggravated DUI/DWI. For example, refusing a chemical test for Blood Alcohol Content or BAC. Your DUI/DWI case is elevated to being aggravated DUI/DWI. Another is if you registered a .16% BAC. That is an automatic aggravated DUI charge. The state also considers your DUI/DWI charge as felony after your fourth arrest. That, my friend, is an assured 6 months MANDATORY jail time at the minimum.
So after having your burritos and cerveza, make sure your BAC reading will be below .08% or .04% for commercial vehicle drivers, or .02% if you are below the age of 21.
First Offense
- minimum of $300 to a maximum of $1000 fine (for aggravated DUI)
- from 6 months to one year of license suspension (1 year automatic if below the age of 21)
- 90 days maximum of jail time (mandatory 48 hours minimum for aggravated DUI)
- 24 hours of community service
- mandatory attendance in a DWI school
- mandatory alcohol evaluation
- mandatory use of IID (Ignition Interlock Device) for 1 year
Second Offense
- minimum of $300 to a maximum of $1000 fine (for aggravated DUI)
- mandatory fee of $500
- 2 years license suspension
- 1 year maximum jail term (4 days mandatory for normal DUI; 8 days for aggravated)
- 48 hours of community service
- mandatory attendance in a DWI school
- mandatory alcohol evaluation and treatment
- mandatory use of IID for 2 year
- 5 years probation period
Third Offense
- $1000 fine
- $750 mandatory fee
- 3 years license suspension
- 1 year maximum jail term (1 month for normal DUI; 3 months for aggravated)
- 4 days community service
- mandatory attendance in a DWI school
- mandatory alcohol evaluation and treatment
- mandatory use of IID for 3 year
- 5 years probation period
Fourth Offense
- up to $5000 fine
- life time license suspension (with a 5 year court review and possible reinstatement)
- up to 18 months jail term (6 months mandatory)
- mandatory alcohol evaluation and treatment
- life time mandatory use of IID if license is reinstated after 5 years
Fifth Offense
- up to $5000 fine
- life time license suspension (with a 5 year court review and possible reinstatement)
- up to 2 years jail term (1 year mandatory)
- mandatory alcohol evaluation and treatment
- life time mandatory use of IID if license is reinstated after 5 years
Sixth Offense
- up to $5000 fine
- life time license suspension (with a 5 year court review and possible reinstatement)
- up to 2 and a half years jail term (1 and a half year mandatory)
- mandatory alcohol evaluation and treatment
- life time mandatory use of IID if license is reinstated after 5 years
Seventh Offense
- up to $5000 fine
- life time license suspension (with a 5 year court review and possible reinstatement)
- up to 3 years jail term (2 years mandatory)
- mandatory alcohol evaluation and treatment
- life time mandatory use of IID if license is reinstated after 5 years
When you are read your Miranda Rights excersise them if you are not to intoxicated and ask for a lawyer and shut up if you want a chance at a good DUI Defense.
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This is not legal advise. We are not lawyers. If you have a question take it to a licensed attorney.