New Mexico DUI/DWI Laws: Penalties, Court Process, and Records

The definitions and punishments for driving while intoxicated (DWI) and driving under the influence (DUI) vary by state. While DWI (Driving While Intoxicated) is the official term in New Mexico for this offense, the state enforces strict regulations against driving under the influence of alcohol or drugs. Repeat offenders face harsher penalties, license suspensions, and mandatory jail time.

What Is a DWI in New Mexico?

DWI is defined by NMSA §66-8-102 as operating a vehicle while under the influence of alcohol, narcotics, or both.

The legal thresholds in New Mexico are calculated by blood alcohol concentration (BAC) and are as follows:

• 0.08% BAC for drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.02% BAC for drivers under 21 (zero tolerance law)

Regardless of BAC, drivers who are impaired by illegal substances, prescription medicines, or other intoxicants are equally subject to DWI penalties.

DWI Penalties in New Mexico

For repeat offenses, New Mexico has a 10-year look-back period. Multiple convictions result in even worse penalties.

• First DWI Offense (Misdemeanor):
  • Offenders may face a jail sentence of up to 90 days (which may be suspended)
  • They may receive a fine of up to $500
  • Their license may be suspended for 1 year
  • They may get mandatory alcohol screening and treatment
  • They may have to use an ignition interlock device (IID) for 1 year
• Second DWI Offense (Misdemeanor):
  • They may be looking at a jail sentence from 96 hours to 364 days
  • They may have to pay a fine of anywhere from $500 to $1,000
  • Their license will be suspended for 2 years
  • They would have to use an IID for 2 years
  • They will attend a mandatory treatment program
• Third DWI Offense (Misdemeanor):
  • This could lead to a jail sentence of anywhere from 30 days to 364 days
  • Offenders could end up paying a fine anywhere from $750 to $1,000
  • Their license will be suspended for 3 years
  • They will have to use an IID for 3 years
• Fourth DWI Offense (Felony):
  • They must face 6 to 18 months in prison (mandatory)
  • They may pay a fine of up to $5,000
  • Their license will be revoked for life (possible reinstatement after 5 years with IID)
• Fifth or Subsequent DWI (Felony):
  • This attracts 2 to 3 years in prison (mandatory minimums increase with each offense)
  • Offenders will get a lifetime license revocation (restricted reinstatement possible with IID)

Aggravated DWI occurs when a person's blood alcohol content is 0.16% or greater, when they refuse to submit to a chemical test, or when they cause harm or death. There is an obligatory jail term for aggravated DWIs.

DWI Arrest and Court Process in New Mexico

New Mexico DWI cases involve both administrative and criminal actions:

1. Traffic Stop and Arrest – Officers may administer field sobriety and chemical tests. Refusal triggers automatic suspension under New Mexico’s implied consent law.
2. Booking and Charges – The driver is fingerprinted, booked, and formally charged.
3. Administrative License Revocation (ALR) – The Motor Vehicle Division (MVD) imposes immediate suspension, which can be contested at a hearing.
4. Arraignment – Charges are read in court, and the defendant enters a plea.
5. Pre-Trial Hearings – Defense may challenge evidence, BAC accuracy, or police procedure.
6. Trial – If no plea bargain is reached, the case proceeds to trial.
7. Sentencing – Conviction results in jail, fines, suspension, IID, and treatment.

Additionally, DWI drug courts are available in New Mexico, offering repeat offenders alternatives that are centered on treatment.

How to Search for DUI/DWI Records in New Mexico

DWI records in New Mexico are public and can be accessed through several sources:

• New Mexico Courts Case Lookup: This is an online resource for looking up traffic and criminal cases, including DWIs, by case number or name.
• New Mexico Motor Vehicle Division (MVD): The New Mexico Motor Vehicle Division (MVD) keeps up-to-date records of official driver histories, including DWI convictions, suspensions, and IID requirements. Drivers can request their own records.
• County Clerk of Court Offices: Certified case files and sentence records are available at the county clerk of court offices.
• New Mexico Department of Public Safety (DPS): This department keeps track of criminal history records for authorized background checks.
• Third-Party Background Check Services: Although they might not be completely accurate, third-party background check services include DWI statistics.

DWI records typically include BAC, case status, conviction type, penalties, and license consequences.

How Long Does a DWI Stay on Your Record in New Mexico?

New Mexico law keeps DWI convictions for extended periods:

• Criminal Record: A conviction for DWI is irreversible. While dismissed or not-guilty cases may be expunged, DWI convictions are not permitted in New Mexico.
• Driving Record: One of the longest retention terms in the United States, 55 years, applies to DWI convictions on a New Mexico driver's record.
• Insurance and Employment: A DWI may result in permanent convictions for employers and licensing boards, and it may increase insurance prices for five to ten years.

With obligatory jail time, felony charges for numerous crimes, and permanent license revocation for repeat offenders, New Mexico has some of the worst regulations in the nation regarding intoxicated driving. Although DUI is commonly known, the state's formal legal term is DWI.

Convictions stay on criminal records for decades and on driving histories for decades, and records are available to the public through the MVD and courts. Given the serious and long-lasting repercussions, drivers, employers, and researchers must comprehend New Mexico's DWI statutes.