According to § 66-8-102, it is unlawful to drive in New Mexico if you are:
- Under the influence of intoxicating liquor
- Under the influence of any drug that impairs safe operation of a vehicle
The statute further defines the legal blood alcohol concentration (BAC) limits that constitute driving under the influence:
|.08||Within three hours of driving the vehicle from alcohol consumed before or while driving the vehicle|
|.04||Within three hours of driving a commercial vehicle from alcohol consumed before or while driving the vehicle|
|.02||Driver under 21 years of age|
DWI charges may be aggravated if:
- A driver’s BAC is .16 or more (within three hours of driving the vehicle from alcohol consumed before or while driving the vehicle)
- Driving under the influence causes “bodily injury” to another person (including an unborn child)
- A driver refuses to submit to chemical testing (i.e. negates implied consent)
These laws apply to anyone driving on New Mexico roadways, even if they are a licensed driver from another state.
The code that defines DUI also outlines the penalties for each offense.
|1st offense||Petty misdemeanor||
|2nd and 3rd offenses||Misdemeanor||
|4th and subsequent offenses||Felony||
Your Rights under DWI/DUI Laws
DWI laws do not supersede the United States Constitution or the New Mexico Constitution, so you are innocent until proven guilty. Your criminal defense is founded upon your right to due process and a fair trial.
That means if there was no reasonable cause to pull you over or if there was no reasonable suspicion to justify an arrest, then your rights were violated.