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New Mexico

Felony DUI

Fourth offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

No DUI child endangerment law

Enhanced Penalties for High-BAC

0.16

DUI Look-back Periods

Fifty Five years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

6-10 DUI Courts

DUI Courts - Hybrid

11-20 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis & Decriminalized

DUID: Implied Consent Testing Methods

Blood

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Drunk Driving Legislation

Lower BAC legislation

No legislation introduced

Low BAC

Low BAC may be considered with other evidence

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving Legislation

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

No license suspension

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

No authorization

Implied Consent Laws

Drugs

66-8-107 - Learn More
A. Any person who operates a motor vehicle within this state shall be deemed to have given consent, subject to the provisions of the Implied Consent Act 66-8-105 NMSA 1978, to chemical tests of his breath or blood or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978 as determined by a law enforcement officer, or for the purpose of determining the drug or alcohol content of his blood if arrested for any offense arising out of the acts alleged to have been committed while the person was driving a motor vehicle while under the influence of an intoxicating liquor or drug.
B. A test of blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978, shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor or drug.

Blood

Yes

Urine

Yes

Oral Fluids

Yes

Other

Yes
Breath

DUI Statutes

Drugs

66-8-102 - Learn More
66-8-102. Driving under the influence of intoxicating liquor or drugs; aggravated driving under the influence of intoxicating liquor or drugs; penalties.
A. It is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.
B. It is unlawful for a person who is under the influence of any drug to a degree that renders the person incapable of safely driving a vehicle to drive a vehicle within this state.

Combined/Multiple Substance

66-8-102 - Learn More
66-8-102. Driving under the influence of intoxicating liquor or drugs; aggravated driving under the influence of intoxicating liquor or drugs; penalties.
A. It is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.
B. It is unlawful for a person who is under the influence of any drug to a degree that renders the person incapable of safely driving a vehicle to drive a vehicle within this state.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

66-8-102 - Learn More
If an offender refuses to submit to chemical tests and is convicted, offender will be guilty of Aggravated DUI.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

66-8-102 Learn More
Implied Consent – Over 21 years of age (at or above 0.08%)
1st Offense – 6 months for failing a chemical test
1st Offense – One year for refusing a chemical test
2nd or subsequent offense – One year for failing or refusing a chemical test
Implied Consent – Under 21 years of age (at or above 0.02%)
1st and subsequent – One year for failing or refusing a chemical test
Criminal Conviction of DWI in Court
1st Offense – One Year
2nd Offense – Two Years
3rd Offense – Three Years
4th or Subsequent Offense – Lifetime

Hardship License Available

 66-5-35 - Learn More
Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

Yes
Ignition interlock mandated in first offense and above.

Other Drugs

Yes
Ignition interlock mandated in first offense and above.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

Implied Consent – Under 21 years of age (at or above 0.02%)
1st and subsequent – One year for failing or refusing a chemical test

Cannabis Per Se Statute

No

Threshold

NA

Nanogram Limit

NA

DUI Standards

Unlawful for a person to drive a vehicle while under the influence of any drug to a degree that renders the person incapable of safely driving a vehicle.

Provisions for Screening Cannabis/Assessment/Education/Treatment

66-8-102 - Learn More
DWI School, Victim Impact Panel, and completing a substance abuse screening and follow all recommended treatment language is in the sentencing statute for all DUI offenders beginning with the first offense.

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

66-8-102 - Learn More
1st Offense MISDEMEANOR
An ignition interlock license for 1 year with an ignition interlock device in every vehicle driven during that time
Up to 90 days in jail
Up to a $500 fine
Up to 1 year on probation
Mandatory Penalties: 24 hours community service, DWI School, Victim Impact Panel, and completing a substance abuse screening and follow all recommended treatment
2nd Offense MISDEMEANOR
An ignition interlock license for 2 years with an ignition interlock device in every vehicle driven during that time
Up to 364 days in jail, 96 consecutive hours jail is mandatory
Up to a $1000 fine, $500 mandatory
Up to 5 years on probation
Mandatory Penalties: 48 hours community service, completing a substance abuse screening and follow all recommended treatment, and completing a 28 day in-patient or a 90 day out-patient substance abuse treatment program, or a drug court program
3rd Offense MISDEMEANOR
An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time
Up to 364 days in jail, 30 consecutive days jail is mandatory
Up to a $1,000 fine, $750 mandatory
Up to 5 years on probation
Mandatory Penalties: 96 hours community service, completing a substance abuse screening and follow all recommended treatment, and completing a 28 day in-patient or a 90 day out-patient substance abuse treatment program, or a drug court program
4th Offense 4TH DEGREE FELONY
An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
Up to 18 months in prison, 6 months jail mandatory
Up to a $5,000 fine
Up to 5 years on probation
Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
5th Offense 4TH DEGREE FELONY
An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
Up to 24 months in prison, 12 months jail mandatory
Up to a $5,000 fine
Up to 5 years on probation
Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
6th Offense 3RD DEGREE FELONY
An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
Up to 30 months in prison, 18 months jail mandatory
Up to a $5,000 fine
Up to 5 years on probation
Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
7th Offense 3RD DEGREE FELONY
An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
Up to 3 years in prison, 2 years prison mandatory
Up to a $5,000 fine
Up to 5 years on probation
Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
8th Offense 2ND DEGREE FELONY
An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
Up to 12 years in prison, 10 years prison mandatory
Up to a $10,000 fine
Up to 5 years on probation
Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

No

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No Data Available

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

No
However, New Mexico statute has language that prevents a person from "knowingly, intentionally, or negligently, and without justifiable cause, (to cause or permit) a child to be placed in a situation that may endanger the child's life or health." This has been the subject of some debate in the state to amend the DUI sentencing guidelines to add this aggravating circumstance.

Statutes with THC Listed as Delta 8, 9, 10, or 11

NM Stat § 30-31-2 - Learn More
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21 and older

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Yes. Primary caregiver must be a resident of New Mexico. The caregiver must be 18 years of age or older. For any patient under 18 years old the following must also be included:
• A Caregiver Application with all required documents completed by a Parent or Guardian; and
• A copy of the patient's birth certificate.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

DWI School, Victim Impact Panel, and completing a substance abuse screening and follow all recommended treatment language is in statute for all DWI offenders beginning with the first offense.

Social Host Laws

Cannabis

No, New Mexico statute 41-11-1 applies only to alcohol.

Drugs

No, New Mexico statute 41-11-1 applies only to alcohol.

Penalties for Retailers Who Knowingly Sell to People Under 21

First offense is a felony with sanctions of up to three years and $5,000 in fines.

Other

No Data Available