DUI Laws in New Mexico

Here are the important facts about DUI in New Mexico.

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In New Mexico, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in New Mexico says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in New Mexico and other details about New Mexico DUI law.

In New Mexico, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in New Mexico, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

1 year license revocation

1 year license revocation

1 year license revocation

 

In New Mexico, when do police have to measure your blood alcohol content (BAC)?

In New Mexico, law enforcement officers are supposed to measure your BAC within 3 hours of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in New Mexico?

In New Mexico, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%. Additional penalties include a 1 year license suspension.

What are the minimum jail times for a DUI in New Mexico?

Here are the minimum jail times for a DUI in New Mexico, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

No minimum required jail term

4 days jail

30 days jail

 

How long will prior DUI convictions remain relevant for sentencing purposes in New Mexico?

In New Mexico, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for good.

Can a DUI be “pleaded down” to a "wet reckless" in New Mexico?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in your state.

If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in New Mexico?

Yes, an ignition interlock device is required for all convictions. The required period of use is as follows: first offense: 1 year; second offense: 2 years; third offense: 3 years.

Where can I get more information about DUI laws in New Mexico?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of New Mexico DUI attorneys in your area.

Last updated on 09/01/2010.

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