New Mexico DWI/DUI Laws

The criminal offense known as driving while intoxicated (DWI) or driving under the influence (DUI) is defined in New Mexico Statutes § 66-8-102.

DWI/DUI Defined

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:

BAC Condition
.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.

DWI Offenses

The code that defines DUI also outlines the penalties for each offense.

  Class Penalties
1st offense Petty misdemeanor
  • Community service
  • DWI school
  • Jail up to 90 days
  • Fine up to $500
2nd and 3rd offenses Misdemeanor
  • Jail up to one year
    • Minimum 96 consecutive hours for 2nd offense
    • Minimum 30 consecutive days for 3rd offense
  • Fine up to $1,000
4th and subsequent offenses Felony
  • Prison up to 18 months
    • 6 months imprisonment cannot be substituted or deferred

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.

Simon A. Kubiak, Attorneys at Law, PC in Albuquerque defends your rights because your freedom and future depend on it. Call us to start your DWI defense case with a free initial consultation.

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