DWI Penalties
Section 66-8-102 — up to 90 days or $500 on a first conviction, and a felony from the fourth
Driving under the influence of intoxicating liquor, under the influence of any drug to a degree that makes a person incapable of driving safely, or with an alcohol concentration of eight one hundredths or more in the blood or breath within three hours of driving, is unlawful. For a commercial motor vehicle the figure is four one hundredths.
Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.
| Conviction | What the section sets |
|---|---|
| ConvictionFirst | What the section setsUp to ninety days or a fine of up to $500, or both; at least twenty-four hours of community service; a screening program and DWI school |
| ConvictionSecond | What the section setsUp to 364 days or up to $1,000, or both, with a jail term of at least ninety-six consecutive hours, at least forty-eight hours of community service and a $500 fine |
| ConvictionThird | What the section setsUp to 364 days or up to $1,000, or both, with a jail term of at least thirty consecutive days, at least ninety-six hours of community service and a $750 fine |
| ConvictionFourth | What the section setsFourth degree felony, eighteen months, six of them not suspended or deferred |
| ConvictionFifth | What the section setsFourth degree felony, two years, one of them not suspended or deferred |
| ConvictionSixth | What the section setsThird degree felony, thirty months, eighteen of them not suspended or deferred |
| ConvictionSeventh | What the section setsThird degree felony, three years, two of them not suspended or deferred |
| ConvictionEighth or later | What the section setsSecond degree felony, twelve years, ten of them not suspended or deferred |
On any conviction the offender gets an ignition interlock license and has an interlock device on every vehicle they drive: one year for a first offender, two years after a second conviction, three after a third, and for life after a fourth or later.
Five years from the conviction, and every five years after, a fourth or later offender may apply to a district court to remove the interlock requirement and restore the license, which the court may order for good cause.
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.