Fourth offense
Impairment-based statute only
No cannabis-specific drugged driving law
No DUI child endangerment law
0.16
Fifty Five years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
No Habitual Offender Law
51-100 DREs
6-10 DUI Courts
11-20 Hybrid Courts
No cannabis open container law
Decriminalized
Blood
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
Low BAC may be considered with other evidence
none
Mandatory all offender
Legislation
Cannabis
No license suspension
Distinctive License & No Seizure Law
Lacks authorization
No authorization
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.
Yes
Yes
Yes
Yes
Breath
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.
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.
66-8-102 - Learn More
If an offender refuses to submit to chemical tests and is convicted, offender will be guilty of Aggravated DUI.
Yes
Yes
Yes
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
66-5-35 - Learn More
Yes
Yes
Ignition interlock mandated in first offense and above.
Yes
Ignition interlock mandated in first offense and above.
Implied Consent – Under 21 years of age (at or above 0.02%)
1st and subsequent – One year for failing or refusing a chemical test
No
NA
NA
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.
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.
No Data Available
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
Yes
No
No Data Available
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.
NM Stat § 30-31-2 - Learn More
Tetrahydrocannabinols are referenced here.
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
21 and older
Illegal
Illegal
Illegal
Illegal
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.
No Data Available
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.
No, New Mexico statute 41-11-1 applies only to alcohol.
No, New Mexico statute 41-11-1 applies only to alcohol.
First offense is a felony with sanctions of up to three years and $5,000 in fines.
No Data Available