New Mexico DWI Laws
Last reviewed July 2026 · 8 primary sources · How we research and review these pages
Reviewed by the LegalLimit editorial team →
Standard BAC limit
0.08%
Enhanced BAC threshold
0.16%
Commercial driver BAC
0.04%
Under-21 BAC
0.02%
Prior-offense lookback
Lifetime (no window)
New Mexico prosecutes impaired driving as DWI under NMSA § 66-8-102, a single comprehensive statute covering the offense, aggravated DWI, an 8-tier penalty ladder climbing to a 2nd-degree felony at the 8th offense, and a mandatory IID requirement. The per se limit is 0.08 (blood or breath, within 3 hours); the commercial limit is 0.04 (explicitly in the offense, C(2)); and a BAC of 0.16+ is aggravated DWI (D(1)). Aggravated DWI is also triggered by causing bodily injury (D(2)) or by refusing chemical testing when the court finds the driver was under the influence (D(3) — note State v. Storey limited D(3) for warrantless drug blood draws). The penalty ladder: 1st misdemeanor (≤90d, $500), 2nd misdemeanor (96 consecutive hrs mandatory, $500), 3rd misdemeanor (30 consecutive days mandatory, $750), 4th 4th-degree felony (18 mo), 5th 4th-degree felony (2 yr), 6th 3rd-degree felony (30 mo), 7th 3rd-degree felony (3 yr), 8th+ 2nd-degree felony (12 yr). New Mexico uses a LIFETIME lookback — every prior DWI counts forever. IID is mandatory on EVERY conviction with no court discretion: 1 year (1st), 2 years (2nd), 3 years (3rd), and LIFE for a 4th+ (removable by petition every 5 years). Refusal triggers administrative revocation AND criminal aggravation AND is admissible at trial. DUI causing death is the 2nd-degree felony of homicide by vehicle (§ 66-8-101).
New Mexico DWI penalties by offense tier
| Offense tier | Fine | Jail | License action | Ignition interlock |
|---|---|---|---|---|
| First offense (misdemeanor) | $0–$500 (No mandatory minimum fine for a standard first offense (§ 66-8-102(E) authorizes up to $500, plus a possible additional $300). AGGRAVATED first triggers mandatory non-suspendable jail but not a higher mandatory fine.; Maximum $500 fine, plus up to an additional $300 (§ 66-8-102(E)).) | 0 days–3 months (No mandatory minimum jail for a standard first. AGGRAVATED DWI first (§ 66-8-102(E), (D)): mandatory 48 consecutive hours, non-suspendable/deferrable.; Maximum 90 days (§ 66-8-102(E)). Probation may extend to 1 year if sentence suspended/deferred.) | Revoked for 365 days — The § 66-8-102 penalty statute focuses on jail/fine/IID; the license revocation is administered by MVD under § 66-5-29 (a first DWI triggers revocation). IID is required on all vehicles for the offender to drive legally (§ 66-8-102(O)(1)) for 1 year. | Required (1 year–1 year) |
| Second offense (misdemeanor) | $500–$1,000 (Mandatory $500 fine (§ 66-8-102(F)(1)).; Maximum $1,000 fine (§ 66-8-102(F)).) | 4 days–364 days (Mandatory 96 consecutive hours (4 days), non-suspendable (§ 66-8-102(F)(1)). AGGRAVATED second adds a separate mandatory 96 consecutive hours. Plus 48 hours community service. A 28-day inpatient OR 90-day outpatient treatment program is required (M).; Maximum 364 days (§ 66-8-102(F)). Probation may extend to 5 years if sentence suspended/deferred.) | Revoked for 730 days — License revocation administered by MVD under § 66-5-29. IID required for 2 years under § 66-8-102(O)(2). | Required (2 years–2 years) |
| Third+ offense (misdemeanor at 3rd; felony 4th+) | $750–$10,000 (Third offense: mandatory $750 fine (§ 66-8-102(F)(2)). Felony sub-cases (4th+) carry fines under the general felony-sentencing statute § 31-18-15 (up to $5,000 for a 3rd-degree felony; up to $10,000 for a 2nd-degree felony).; Third offense max $1,000 (F). Felony fines up to $10,000 (§ 31-18-15 for a 2nd-degree felony).) | 1 month–12 years (THIRD offense (F(2)): mandatory 30 consecutive days (non-suspendable); aggravated adds 60 consecutive days. FOURTH (G): 4th-degree felony, 18 months (6 non-suspendable). FIFTH (H): 4th-degree felony, 2 years (1 yr non-suspendable). SIXTH (I): 3rd-degree felony, 30 months (18 mo non-suspendable). SEVENTH (J): 3rd-degree felony, 3 years (2 yr non-suspendable). EIGHTH+ (K): 2nd-degree felony, 12 years (10 yr non-suspendable).; Third offense max 364 days (F). EIGHTH+ offense max 12 years (K). The structured max (12 years = 4,380 days) reflects the 8th+ 2nd-degree-felony ceiling.) | Revoked for 1095–7300 days — License revocation (a bounded MVD-administered period under § 66-5-29, NOT a lifetime bar) for the third offense is mirrored at 3 years; felony sub-cases carry longer admin revocation. IID, by contrast, is required for LIFE on a fourth-or-subsequent offense (§ 66-8-102(O)(4) — "the remainder of the offender's life"), removable by petition to the district court 5 years after conviction and every 5 years thereafter for good cause (P). The structured max (7,300 days = 20 yr) is an approximate outer envelope; restoration is by MVD + IID petition, not by a fixed statutory date. THIRD offense IID is 3 years (O(3)). | Required (3 years) |
Frequently asked questions
What is the legal BAC limit in New Mexico?
The per se limit is 0.08% (NMSA § 66-8-102(C)(1)), measured in blood or breath within 3 hours of driving. The offense also covers impairment by alcohol (A) or any drug (B). The commercial limit is 0.04% (C(2), explicitly in the offense), and a BAC of 0.16+ is aggravated DWI (D(1)).
What are the penalties for a first DWI in New Mexico?
A first offense is a misdemeanor (§ 66-8-102(E)): up to 90 days in jail and/or a $500 fine (plus up to $300 additional), 24 hours of community service, a screening program, and a DWI school. IID is mandatory for 1 year. AGGRAVATED DWI (e.g., BAC ≥ 0.16) adds 48 consecutive hours of non-suspendable jail.
What are the penalties for a second DWI in New Mexico?
A second offense is a misdemeanor (§ 66-8-102(F)(1)): a mandatory 96 consecutive hours in jail (non-suspendable), 48 hours community service, $500 fine, up to 364 days and/or $1,000 total. A 28-day inpatient or 90-day outpatient treatment program is required. IID is mandatory for 2 years.
When does a New Mexico DWI become a felony?
A FOURTH DWI conviction is a 4th-degree felony (18 months, 6 non-suspendable) under § 66-8-102(G). The ladder continues: 5th = 4th-degree felony (2 yr); 6th = 3rd-degree felony (30 mo); 7th = 3rd-degree felony (3 yr); 8th+ = 2nd-degree felony (12 yr, 10 non-suspendable). Every prior counts — New Mexico uses a lifetime lookback.
Does New Mexico require an ignition interlock device after a DWI?
Yes — IID is MANDATORY on every DWI conviction with no court discretion (§ 66-8-102(O)): 1 year for a first offense, 2 years for a second, 3 years for a third, and for LIFE on a fourth-or-subsequent offense. The life requirement is removable by petition to the district court 5 years after conviction and every 5 years thereafter (P). The MVD administers the related license revocation under § 66-5-29.
What happens if I refuse the breath or blood test in New Mexico?
Refusing chemical testing has three consequences: (1) administrative license revocation by MVD; (2) criminal aggravation — a refusal plus a court finding that you were under the influence makes the DWI aggravated under § 66-8-102(D)(3), adding mandatory jail (though State v. Storey limited this for warrantless drug blood draws); (3) the refusal is admissible at trial as evidence of consciousness of guilt.
How long do prior DWIs count against me in New Mexico?
New Mexico uses a LIFETIME lookback — every prior DWI conviction counts forever for tier escalation. There is no cleansing period. Out-of-state, tribal, and municipal-ordinance convictions count if equivalent (§ 66-8-102(S)). A separate 10-year window applies only to vehicular-homicide sentence enhancement (§ 66-8-101(F)).
What makes a DWI "aggravated" in New Mexico?
Under § 66-8-102(D), a DWI is aggravated if (1) your BAC was 0.16 or above, (2) you caused bodily injury to someone while DWI, or (3) you refused chemical testing and the court finds you were under the influence. Aggravated DWI adds a mandatory non-suspendable jail term at every tier (48 hrs first, 96 hrs second, 60 days third).
What if my New Mexico DWI causes injury or death?
Causing BODILY INJURY while DWI is aggravated DWI (§ 66-8-102(D)(2)), adding mandatory jail. Causing GREAT bodily harm is a 3rd-degree felony (§ 66-8-101(E)). Causing DEATH while DWI is homicide by vehicle, a 2nd-degree felony (§ 66-8-101(C)). A prior DWI within 10 years adds 4 years to the sentence per prior (§ 66-8-101(F)).
Sources
- NMSA § 31-18-15 — Criminal sentencing (felony basic sentences and fines) (N.M. Stat., via Justia) — Accessed July 7, 2026
- NMSA § 66-5-29 — Mandatory revocation of driver's license by the division (N.M. Stat., via Justia) — Accessed July 7, 2026
- NMSA § 66-8-101 — Homicide by vehicle; great bodily harm by vehicle (N.M. Stat., via Justia) — Accessed July 7, 2026
- NMSA § 66-8-102 — Driving under the influence; aggravated DWI; penalties (8-tier ladder; IID) (N.M. Stat., via Justia) — Accessed July 7, 2026
- NMSA § 66-8-105 — Implied Consent Act (short title) (N.M. Stat., via Justia) — Accessed July 7, 2026
- NMSA § 66-8-107 — Implied consent to chemical testing (N.M. Stat., via Justia) — Accessed July 7, 2026
- NMSA § 66-8-110 — Use of tests in criminal/civil actions; levels of intoxication; mandatory charging (N.M. Stat., via Justia) — Accessed July 7, 2026
- NMSA § 66-8-111 — Refusal to submit to chemical testing (N.M. Stat., via Justia) — Accessed July 7, 2026