Definition of DWI in New Mexico
Sometimes people are arrested for a DWI charge but don’t understand what the laws are or how they are applied. If a driver’s blood alcohol concentration exceeds a certain limit, there is the assumption that the person is unable to drive safely. If you are dealing with DWI charges, the attorneys at New Mexico Legal Group will protect your rights and make sure you exercise all of the legal options that will benefit your case.
According to NMSA 66-8-102, it is illegal for a person to drive a vehicle if he is under the influence of alcohol and/or drugs. The unlawful blood alcohol limit varies for different drivers depending on their age and whether they have a commercial driver’s license.
- Drivers younger than 21 years old cannot legally drive when their blood alcohol limit is .02 or higher
- Commercial drivers cannot operate a vehicle with a blood alcohol limit that is .04 or higher
- Drivers who are at least 21 years old cannot legally drive with a blood alcohol limit of .08 or higher
- Driving with a blood alcohol limit of .16 or higher is a more serious offense known as aggravated DWI that carries harsher penalties
Penalties for New Mexico DWI Convictions
Being convicted for violating New Mexico DWI laws can have a drastic impact on a person’s life. The conviction will be listed on the person’s criminal record and driving record. The person’s blood-alcohol limit, whether someone was injured during the incident and prior convictions are all factors during sentencing.
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Up to 90 days in jail, a $300 fine, and at least 24 hours of community service for a first misdemeanor DWI offense
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Up to 364 days in jail, a $500 fine, a minimum of 4 days in jail, and at least 48 hours of community service for a second misdemeanor DWI offense
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Up to 364 days in jail, a $750 fine, a minimum of 30 days in jail, and at least 96 hours of community service for a third misdemeanor DWI offense
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Up to 18 months in prison, a $5,000 fine, and a minimum of six months in jail for a fourth offense DWI, which is a fourth-degree felony
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Up to 2 years in prison, a $5,000 fine, and a minimum of 1 year in prison, for a fifth offense DWI, which is a fourth-degree felony
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Up to 30 months in prison, a $5,000 fine, and a minimum of 18 months in prison, for a sixth offense DWI, which is a third-degree felony
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Up to 3 years in prison, a $5,000 fine, and a minimum of 2 years in prison, for a seventh or subsequent DWI, which is a third-degree felony
