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New Mexico DUI Laws

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by , 07-07-2012 at 07:47 PM (1302 Views)
If you have received a DUI aka DWI in New Mexico, you should consider getting a DUI attorney in New Mexico to handle your case. Here is some basic information that should be helpful in better understanding your rights and also the process you should expect regarding having been charged or having been convicted of a DWI in New Mexico.

New Mexico DUI Laws and DWI Statutes for New Mexico:

Blood Alcohol Concentration level maximum is a "per se" limit of 0.08%. This means that regardless of whether any other impairment is proven, the law states that as soon as 0.08% blood alcohol level has been demonstrated sufficiently, New Mexico DUI laws have been broken.

New Mexico Zero Tolerance for Underage Drinking sets the BAC Limit 0.02%

New Mexico DUI Enhanced/Aggravated Penalty BAC Limits are set at 0.16%

Can my Vehicle be Confiscated for Drunk driving in New Mexico? No

Might and IID (Ignition Interlock Device) be Required after a DUI offense? Yes

What if you refuse to take a chemical test in New Mexico?


New Mexico applies what is called an implied consent statute. This essentially makes it illegal to refuse a chemical blood alcohol test. If a driver does refuse, they'll be subject to fine as well as automatic suspension of driving privileges.

Here are some of the terms involved:

1st Offense - 1 year license revocation

2d Offense - 1 year license revocation

3rd Offense - 1 year license revocation

How about the jail time laws regarding a DUI in New Mexico?

Minimum Jail

1st Offense - No minimum required jail term

2d Offense - 4 days jail

3rd Offense - 30 days jail

Additionally, in the state of New Mexico, there is a TEN YEAR lookback such that previous DUI sentences continue to stay relevant to any current DUIs with regards to sentencing.

Can I plead down the offense to something lower than a DUI in the state of New Mexico?

No "wet reckless" plea bargains in New Mexico. Settling convictions through any sort of plea in obeyance or pleading down a conviction to a charge of reckless driving which involves alcohol is specifically disallowed by law in the state of New Mexico.

General and comprehensive sentencing guidelines for DUIs in New Mexico:

1st New Mexico Drunk Driving:

Jail time Jail time can go up to 90 days

Driver's License Suspension License suspension up to ONE Year

New Mexico DUI Ignition Interlock One Year

Required New Mexico DWI School

New Mexico Alcohol Evaluation

Community Service for DUI in New Mexico

New Mexico DUI Treatment (Potentially)

Second New Mexico DWI Conviction

NM DUI Jail time Jail time minimums of 96 hours and up to 364 days

New Mexico DUI Fine Minimum DUI fine in New Mexico $500; maximum $1,000

New Mexico Driver's License Suspension for DUI Two Years

New Mexico DWI Ignition Interlock TWO Years

New Mexico Alcohol Evaluation

DUI Community Service Requirement in New Mexico

DUI Treatment available in New Mexico

DUI Potential Probation in New Mexico for as Many as 5 Years

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