New Mexico · DWI · Checked October 2026
New Mexico DWI Penalties: First, Second and Third Offense
New Mexico DWI Penalties: What Are the Rules?
New Mexico sets DWI penalties by offense, and they rise with each conviction.
- 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 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 |
Other First Offense Penalties in New Mexico
- At least 24 hours of community service
- Alcohol or drug screening program and DWI school
- Probation of up to 1 year if the sentence is suspended or deferred
- At least 48 more consecutive hours in jail if you don't complete community service, screening, treatment or DWI school on time
Other Second Offense Penalties in New Mexico
- At least 48 hours of community service
- Treatment: at least 28 days inpatient, at least 90 days outpatient, drug court or another approved program
- At least 7 more consecutive days in jail if you don't complete community service, screening or treatment on time
- Probation of up to 5 years
Official source: other second offense penalties (New Mexico)
Other Third Offense Penalties in New Mexico
- At least 96 hours of community service
- Treatment: at least 28 days inpatient, at least 90 days outpatient, drug court or another approved program
- At least 60 more consecutive days in jail if you don't complete community service, screening or treatment on time
When Penalties Are Higher in New Mexico
- 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)
- 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 DWI
When a DWI Is 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)NMSA 1978, § 66-8-102(G)-(K)
How Far Back Prior Offenses Count in New Mexico
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 convictionNMSA 1978, § 66-8-102(E), (S)
Official source: how far back prior offenses count (New Mexico)
More on DWI Law in New Mexico
See the full overview of DWI laws in New Mexico and read about first-offense DUI penalties across the states.
This page summarizes New Mexico law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DWI in New Mexico?
Jail: at least 96 consecutive hours, up to 364 days. Fine: $500 mandatory; up to $1,000. License suspension: 2-year revocation on conviction.
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)