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State Laws - New Mexico

Situation Imprisonment License Suspension Refusing BAC Test from Police Fines Ignition Interlock Device Required
1st Offense Up to 90 days Up to 1 year 1 year license revocation Up to $500 Yes
2nd Offense 96 hours to 364 days 2 years 1 year license revocation $500 - $1,000 Yes
3rd Offense 30 days up to 364 days 3 years 1 year license revocation $750 - $1,000 Yes
4th Offense 6 - 18 months Lifetime (with a 5 year review) 1 year license revocation Up to $5,000 Lifetime (with a 5 year review)
5th Offense 1 - 2 years Lifetime (with a 5 year review) 1 year license revocation Up to $5,000 Lifetime (with a 5 year review)


Category Illegal When
Under 21 BAC of 0.02% or higher
21 or older BAC of 0.08% or higher
Commercial BAC of 0.04% or higher


* The Ignition Interlock law went in to effect on June 17th, 2005. It mandates that an ignition interlock license and the installation of the device for anyone, in the state of New Mexico, convicted of a DWI. This includes first time DWI offenders.

If one has been convicted for DWI in state of New Mexico for the 1st and subsequent times it may result in:

  • Imprisonment for up to 2 years (5th DWI offense).
  • Fine of up to $5,000 (5th offense).
  • Addition of points to driving records.
  • License revocation from 6 months to permanent seizure (5th and subsequent DWI offenses).
  • Completion of community service ranging from 24 hours to 96 hours (3rd DWI offense) and/or a fine from $300 to $750 fine (3rd DWI offense).
  • Completion of drug/alcohol assessment programs or treatment programs for substance abuse. Conditions vary based on your previous DWI record.

NOTE: One may be eligible for a Limited Driver’s License if 5 years passed after the previous conviction and all of the conditions associated with DWI offense are met. This only applies if one has committed no more than 3 DWI offenses.

A driver’s license will remain suspended/revoked if the following requirements are not met:

  • Completion of vision, knowledge and road tests.
  • Proof of successful completion of drug or alcohol assessment programs or a DWI school program that has been approved by the Bureau or equivalent.
  • Payment of the reinstating fee of $100.
  • Provide and maintain proof of financial responsibility: File SR22.
  • Install and use a New Mexico state approved ignition interlock device.
    1st DWI offense - 1 year
    2nd DWI offense - 2 years
    3rd DWI offense - 3rd year
    4th and subsequent – lifetime

* Note the following information only applies for drivers over the age of 21.

For more information, please contact the Department of Public Safety New Mexico.

Disclaimer: While we try to keep information up to date and relevant on our website, we recognize that there are other factors that can affect the way laws will apply to individual cases. Always consult with your attorney, local courts, judges and district attorneys for all relevant legal information.


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