NM Commercial DWI Laws

As the driver of a commercial vehicle, you face several unique challenges if charged with a DWI. Strict blood alcohol requirements and the potential of lifetime commercial license disqualification make a DWI charge much more serious for you than it would be for typical motorists. Because your livelihood may be at stake, the best thing you can do after a DWI arrest is contact an experienced DUI defense lawyer in Albuquerque to defend your rights and your innocence.

BAC Limits for Commercial Drivers

Because of the nature of your work, the long hours you’re on the road and the massive loads you transport, you, as a commercial driver, are subject to much stricter blood alcohol concentration limits than the average driver. Per New Mexico law, a you may not have a BAC of greater than .04 percent, which is half the presumptive level of intoxication for non-commercial vehicle operators. If, at the time of arrest, your BAC was .04 or greater and you were driving a commercial vehicle, you may be subject to the strict consequences of a commercial DWI.

License Disqualification

If, at the time of arrest, a you had a BAC of .04 or greater, the state will issue an administrative revocation. This means your driver’s license will be suspended for 10 days, during which you must request a hearing to fight the charges. If you do not request a hearing, or if the hearing results in a conviction, your commercial license will be revoked for one year.

If you were transporting dangerous or hazardous materials at the time of your traffic stop, the New Mexico Motor Vehicle Department must suspend your license for three years. A lifetime commercial license revocation is mandatory if you receive two or more DUI convictions.

You risk losing your commercial drivers’ license even if you were stopped for a DWI while driving a non-commercial vehicle. If you blow a .08 or greater while in a recreational vehicle, the MVD will revoke your commercial license for one year.

When Your Livelihood Is at Stake, Contact an Attorney

As a commercial driver facing DWI charges, you stand to lose a lot. In addition to possible jail time, hefty fines and other costly consequences, you risk losing your job, which would add insult to injury. The team at Simon A. Kubiak, Attorneys At Law, PC understand what’s at stake and will fight to ensure you don’t have to deal with the devastating aftermath of a commercial DWI conviction. Contact our Albuquerque criminal defense law firm today to explore your options (505) 998-6600.

Contact us Today

If you have questions about our legal services, feel free to get in touch with us right away. We quickly respond to all calls because we understand there is little time for delay when it comes to getting you the representation you need. For your convenience, we also have Spanish-speaking attorneys.


Suite 1A, 1121 4th Street NW, Albuquerque, NM 87102