New Mexico DUI & DWI

car accident
Reading Time: 2 minutes

If you are caught driving under the influence (DUI) or driving while intoxicated (DWI) in New Mexico, you could face serious consequences. Penalties for DUI and DWI can include fines, jail time, and a driver’s license suspension. In addition, a conviction for DUI or DWI can also lead to an increase in your car insurance rates. If you are convicted of a DUI or DWI in New Mexico, it is important to seek legal help from an experienced attorney who can advise you on your options and help protect your rights.


  • It is illegal to drive with a blood or breath alcohol concentration of.08 or more in New Mexico if you are 21 years old or older, .02 if you are under the age of 21, or .04 if you operate a commercial vehicle.
  • If your breath or blood testing result is at or above the legal limit, or if you refuse to take one, you will generally be suspended from driving for a year.
  • Even if your breath or blood test comes back at or below the legal limit, you may be convicted of DWI if your ability to drive was significantly impeded by drugs or alcohol.
  • Those who drive after drinking face hefty penalties, increased insurance premiums, license suspension and jail time.

Drinking and Driving is Illegal and Dangerous (Do Not Drink and Drive)

Alcohol is involved in approximately 40% of the fatal road accidents.


Even one drink may have a negative influence on your driving.

A standard drink consists of 1 1/2 ounces of 80-proof alcohol (one shot glass) straight or with a mixer, 12 ounces of beer (a normal can, bottle, or glass) or a 5 ounce glass of wine. Specialty beverages are similar to having many regular drinks and may have more alcohol in them.

Convicted of a DUI

If you are convicted of DWI and it is your first offense, you will face stiff penalties and court fees, as well as the possibility of being incarcerated. You’ll also be ordered to receive treatment and install an ignition interlock system in your car. Your driver’s license may be revoked by MVD.

Following a second DWI, fines, imprisonment, and license revocation will all be greater. Any DWI conviction will show on your driving record for 55 years.

If you are arrested for DUI or DWI in New Mexico, it is important to speak with an experienced criminal defense attorney as soon as possible. A qualified lawyer can help you understand the charges against you and work to build a strong defense.