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New Mexico DUI Penalties & Punishments



New Mexico DWI PenaltiesThe penalties that are imposed up on a New Mexico criminal DWI conviction are listed below. Note that civil administrative penalties may also apply. Click on the New Mexico Driving tab for more information on the civil administrative penalties and process.

**NOTE – In addition to the Fines that are sentenced upon a criminal conviction, the following fees will also be required in each case: License fee: $100; Crime lab fee: $65; Community fee: $75; Interlock license fee: $45; Alcohol screening: $100-200; DWI school: up to $150; Ignition interlock fee: $960 per year or more; Corrections fee: $20

New Mexico DWI Punishments

FIRST OFFENSE DWI – MISDEMEANOR – FINES: up to $500; JAIL: up to 90 days; LICENSE SUSPENSION: 1 year revocation; OTHER: 24-48 hours community service, alcohol/drug screening, DWI School, 1 year installment of Ignition interlock

FIRST OFFENSE AGGRAVATED DWI – MISDEMEANOR
– FINES: $500; JAIL: mandatory minimum 48 hours – maximum 90 days; LICENSE SUSPENSION: 1 year revocation; OTHER: 24-48 hours community service, alcohol/drug screening, DWI School, 1 year installment of Ignition interlock

SECOND OFFENSE DWI – MISDEMEANOR
– FINES: $500-$1,000; JAIL: mandatory minimum 96 hours – max 364 days; LICENSE SUSPENSION: 2 years; OTHER: mandatory drug/alcohol treatment and screening, minimum 48 hours community service, 2 years installation of Ignition interlock

SECOND OFFENSE
AGGRAVATED DWI – MISDEMEANOR – FINES: $500-$1,000; JAIL: mandatory minimum 192 hours – max 364 days; LICENSE SUSPENSION: 2 years; OTHER: mandatory drug/alcohol treatment and screening, minimum 48 hours community service, 2 years installation of Ignition interlock

THIRD OFFENSE DWI – MISDEMEANOR – FINES: $750-$1,000; JAIL: mandatory minimum 30 days – 364 days; LICENSE SUSPENSION: 3 years; OTHER: Drug/alcohol treatment and screening, 3 year installation of ignition interlock device, minimum 96 hours community service

THIRD OFFENSE AGGRAVATED DWI – MISDEMEANOR – FINES: $750-$1,000; JAIL: mandatory minimum 90 days – 364 days; LICENSE SUSPENSION: 3 years; OTHER: Drug/alcohol treatment and screening, 3 year installation of ignition interlock device, minimum 96 hours community service

FOURTH OFFENSE DWI – 4TH DEGREE FELONY – FINES: up to $5,000; JAIL: mandatory minimum 6 months – maximum 18 months; LICENSE SUSPENSION: Lifetime revocation; OTHER: Drug/alcohol treatment and screening, lifetime installation of ignition interlock

FIFTH OFFENSE DWI – 4TH DEGREE FELONY – FINES: up to $5,000; JAIL: mandatory minimum 1 year – maximum 2 years; LICENSE SUSPENSION: lifetime revocation; OTHER: Drug/alcohol treatment and screening, lifetime installation of ignition interlock

SIXTH OFFENSE DWI – 3RD DEGREE FELONY
– FINES: up to $5,000; JAIL: mandatory minimum 18 months – maximum 30 months; LICENSE SUSPENSION: lifetime revocation; OTHER: Drug/alcohol treatment and screening, lifetime installation of ignition interlock

SEVENTH OR SUBSEQUENT OFFENSE DWI – 3RD DEGREE FELONY
– FINES: up to $5,000; JAIL: mandatory minimum 2 years – maximum 3 years; LICENSE SUSPENSION: lifetime revocation; OTHER: Drug/alcohol treatment and screening, lifetime installation of ignition interlock

DWI VEHICULAR HOMICIDE – 3RD DEGREE FELONY
– FINES: up to $5,000; JAIL: maximum 6 years, an additional 4 years will be added to sentence for each DWI conviction within the last 10 years; LICENSE SUSPENSION: no eligibility for limited license or interlock license, duration of suspension depends on number of prior DWI offenses.

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