New Mexico Drunk Driving Laws

New Mexico laws clearly outline the penalties for drunk driving. But the same laws also outline your rights, which include the right to criminal defense.

If you have been arrested for or charged with drunk driving in the greater Albuquerque area, get strong criminal defense from the team with in-depth knowledge of DUI statutes, case law and procedures—Simon A. Kubiak, Attorneys at Law, PC.

How the Laws Define Drunk DrivingA silver sports car

Drunk driving is the informal term for “driving under the influence of intoxicating liquor or drugs” (DUI), a criminal offense according to New Mexico Statute § 66-8-102. According to the law, a person may be charged with drunk driving if:

  • Their blood alcohol concentration (BAC) is .08 or higher
  • The driving abilities were impaired because of alcohol or drugs consumed before or while operating a vehicle

Only one condition needs to be met to be arrested and charged with drunk driving. In other words, you can have a BAC below legal limits and still be arrested and charged.

Your Consent Under the Law

The laws concerning drunk driving state that by driving on New Mexico roadways, drivers give implied consent to chemical testing or field sobriety testing if directed by a police officer.

Your Rights Under the Law

Drunk driving laws do not compromise or negate the rights guaranteed by the United States Constitution and New Mexico Constitution. That means if you are arrested:

  • You are innocent until proven guilty
  • You have the right to seek an attorney
  • You have the right to due process
  • You have the right to freedom from unreasonable search and seizure

Unfortunately, the practice of DUI checkpoints and circumstances leading up to a drunk driving arrest may compromise your rights. That’s wrong, and it’s grounds for your case to be dismissed.

The best way to protect your rights and defend yourself against drunk driving charges is to get an experienced attorney on your side.

Call Simon A. Kubiak, Attorneys at Law, PC to schedule a free initial consultation. We take a team approach to your drunk driving case to make sure you get the personal attention you deserve (including 24/7 voice and text access to your attorney) and the benefit of more than 20 years combined drunk driving defense experience.

When you get cited, we go fight it!

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