In the state of New Mexico, the offense of drunk driving is referred to as "Driving While Intoxicated" (DWI). A person will be charged with New Mexico DWI if they drive a vehicle within the state of New Mexico while under the influence of intoxicating liquor, or any drug to a degree that renders him incapable of safely driving a vehicle. New Mexico has a "per se" DWI provision, under which a person with a blood alcohol level of .08% or higher will be presumed impaired. In such instances, the prosecution will not be required to prove impairment (the chemical test evidence is enough in and of itself to establish the element of impairment).
COMMERCIAL VEHICLE DRIVERS - It is illegal to drive a commercial vehicle in the state of New Mexico with a blood alcohol level of .04% or higher. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: (a) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds; (b) has a gross vehicle weight rating of more than twenty-six thousand pounds; (c) is designed to transport sixteen or more passengers, including the driver; or (d) is of any size and is used in the transportation of hazardous materials, which requires the motor vehicle to be placarded under applicable law.
MINORS - Persons under the age of 21 will be arrested and charged with New Mexico DWI if they have a BAC of .02 or higher.
AGGRAVATED DWI - Under New Mexico DWI Law, persons with a blood alcohol content (BAC) of .16 or higher, persons who caused bodily injury to a human being, and persons who refuse to submit to chemical testing will be charged with "Aggravated DWI", which carries harsher penalties than a regular DWI charge. "Bodily injury" means an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person's body.
CHILD ABUSE - New Mexico DWI defendants who are arrested with a minor child in their vehicle at the time of the offense will also be charged with child abuse, a felony offense that carries significant penalties.
