New Mexico · DWI · Checked October 2026
DWI Laws in New Mexico
What Happens if You Get a DWI in New Mexico?
New Mexico calls it DWI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 10 days to challenge your license suspension
- First offense jail
- Up to 90 days; at least 48 consecutive hours if aggravated
- First offense fine
- Up to $500; the court may add a $300 fine
- First offense license
- 1-year revocation on conviction
- Felony
- A fourth DWI conviction is a fourth degree felony (18 months, 6 not suspendable); fifth is a fourth degree felony (2 years, 1 not suspendable); sixth and seventh are third degree felonies (30 months and 3 years); eighth or later is a second degree felony (12 years, 10 not suspendable)
New Mexico DWI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACNMSA 1978, § 66-8-102(C), (D); § 66-8-111(C)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (0.02 or more for a driver under 21 triggers administrative license revocation)
- Enhanced penalties from
- 0.16 BAC
- Lookback period
- no time limit: every prior DWI conviction counts, including equivalent municipal, county, tribal and out-of-state convictions, and a deferred sentence counts as a first conviction
New Mexico DWI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | misdemeanor |
| Jail | up to 90 days; at least 48 consecutive hours if aggravated | at least 96 consecutive hours, up to 364 days | at least 30 consecutive days (60 if aggravated), up to 364 days |
| Fine | up to $500; the court may add a $300 fine | $500 mandatory; up to $1,000 | $750 mandatory; up to $1,000 |
| License suspension | 1-year revocation on conviction | 2-year revocation on conviction | 3-year revocation on conviction |
| Ignition interlock | ignition interlock license and device required for 1 year | required for 2 years | required for 3 years |
First offense: NMSA 1978, § 66-8-102(E), (L), (O) · Second offense: NMSA 1978, § 66-8-102(F)(1), (M), (O) · Third offense: NMSA 1978, § 66-8-102(F)(2), (M), (O)
When Penalties Are Higher
- Aggravated DWI: BAC 0.16 or more, causing bodily injury while DWI, or refusing a chemical test when the court finds you were under the influence: mandatory jail that can't be suspended: at least 48 consecutive hours (first), 96 consecutive hours (second), 60 consecutive days (third)NMSA 1978, § 66-8-102(D), (E), (F)
- Child passenger younger than 13 (who is not seriously hurt): a separate misdemeanor charge of DWI with a minor in the vehicle, punished in addition to the DWINMSA 1978, § 66-8-102.5
More on New Mexico DWI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
license revoked for 1 year or until all reinstatement conditions are met, whichever is later; a refusal can also make the DWI aggravated if the court finds you were under the influenceNMSA 1978, § 66-8-111(B); § 66-8-102(D)(3)
Official source: if you refuse a breath or blood test in New Mexico
Getting a Ignition Interlock License
anyone revoked for DWI can get an ignition interlock license after showing proof of insurance and installing an interlock in every car they drive; reinstatement after revocation requires at least 6 consecutive months on the interlock license with no tampering
Official source: getting a ignition interlock license in New Mexico
Ignition Interlock
First offense: yes: 1 year after a first conviction Repeat offenses: 2 years (second), 3 years (third), life (fourth or later; you may ask a district court to remove it every 5 years after conviction) you must hold an ignition interlock license and drive only interlock-equipped vehicles; you get credit for time on an interlock before conviction; an indigent fund helps those who qualify
Can a DWI Come Off Your Record?
MVD keeps DWIs issued on or after June 17, 2005 on the driving record for 55 years
Official source: can a dwi come off your record? in New Mexico
Drivers Under 21
a driver under 21 with a BAC of 0.02 or more faces administrative revocation 1-year license revocation (or until reinstatement conditions are met)
Driving After Using Drugs
yes: the same statute covers driving under the influence of any drug to a degree that makes you incapable of driving safely
More on DWI Law in New Mexico
For the state's own guidance, see New Mexico MVD General DWI Information.
This page summarizes New Mexico law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in New Mexico can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DWI in New Mexico?
Jail: up to 90 days; at least 48 consecutive hours if aggravated. Fine: up to $500; the court may add a $300 fine. License suspension: 1-year revocation on conviction.
How Long Do You Have to Request a License Hearing in New Mexico?
10 days. How it is counted: receipt of the notice of revocation (usually the day the officer serves it at arrest). In writing with form MVD-10792 or a letter, a copy of the citation or notice of revocation, and a $25 fee or a sworn statement of indigency; postmarked or hand-delivered to MVD Central Administration, Joseph M. Montoya Building, 1100 South St. Francis Drive, Santa Fe. If you miss it, the suspension usually takes effect automatically.
When Is a DWI a Felony in New Mexico?
a fourth DWI conviction is a fourth degree felony (18 months, 6 not suspendable); fifth is a fourth degree felony (2 years, 1 not suspendable); sixth and seventh are third degree felonies (30 months and 3 years); eighth or later is a second degree felony (12 years, 10 not suspendable)