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.
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.
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.
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.
Sources for this section (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.