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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.

  • NMSA 1978, § 66-8-102
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Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

ConvictionWhat the section sets
ConvictionFirstWhat 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
ConvictionSecondWhat 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
ConvictionThirdWhat 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
ConvictionFourthWhat the section setsFourth degree felony, eighteen months, six of them not suspended or deferred
ConvictionFifthWhat the section setsFourth degree felony, two years, one of them not suspended or deferred
ConvictionSixthWhat the section setsThird degree felony, thirty months, eighteen of them not suspended or deferred
ConvictionSeventhWhat the section setsThird degree felony, three years, two of them not suspended or deferred
ConvictionEighth or laterWhat the section setsSecond degree felony, twelve years, ten of them not suspended or deferred
  • NMSA 1978, § 66-8-102

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.

  • NMSA 1978, § 66-8-102

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.

  • 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.

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