Skip to contentSkip to Search and the menu

Aggravated DWI

Section 66-8-102 — sixteen one hundredths or more, an injury, or a refusal with evidence of intoxication

Aggravated driving under the influence is any of three things.

Email

Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

  • Driving with an alcohol concentration of sixteen one hundredths or more in the blood or breath within three hours of driving.
  • Causing bodily injury to a person through unlawfully driving while under the influence of intoxicating liquor or drugs.
  • Refusing chemical testing under the Implied Consent Act, where the court judges from the evidence of intoxication that the driver was under the influence.
  • NMSA 1978, § 66-8-102

On a first conviction for aggravated driving under the influence, the offender is sentenced to at least forty-eight consecutive hours in jail, which is not suspended, deferred or taken under advisement.

  • NMSA 1978, § 66-8-102

On a second or third conviction the aggravated offense adds its own mandatory jail time to the terms for those convictions, as the section sets out.

  • NMSA 1978, § 66-8-102
Sources for this section (1)
  1. NMSA 1978, § 66-8-102 — Driving under the influence of intoxicating liquor or drugs; aggravated driving under the influence of intoxicating liquor or drugs; penalties

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

From here

Nearest pages

Pages on the same subject or the same statutes, or filed beside this one. Most questions turn out to sit across two of them.