DUI & DWI in New Mexico
If you’re looking for a New Mexico DUI attorney and/or a summary of New Mexico DWI information, you’ve come to the right place. You’ll find help here.
We’ll use this article to explain:
- New Mexico DUI DWI Laws
- New Mexico DUI Punishments
- Potential DUI Defenses
- New Mexico’s Other Drunk Driving and Alcohol Laws
- How to Find an New Mexico DUI Attorney
Be sure to consult with a qualified New Mexico DWI lawyer who can comment specifically on your case and identify your best defenses.
When is a Driver Considered to be Legally Drunk in New Mexico?
New Mexico drunk driving laws are found in The New Mexico Statutes.
Here we nutshell the New Mexico BAC (Blood Alcohol Content) laws. The allowable BAC depends on what kind of driver you are: adult, underage, or commercial.
- Most drivers will be arrested for drunk driving if their BAC – blood alcohol content -is .08 or higher.(Unless you’re a commercial driver or under age 21.)
- If you’re underage, you’ll be arrested for drunk driving if you have a BAC of .02 or higher while driving.
- Commercial drivers (including school bus drivers) will be arrested for driving drunk if their BAC is .04 or higher.
What is New Mexico’s Punishment for DUI Convictions?
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1st DWI Conviction: Jail time of up to90 days – fines up to $500-DWI school – alcohol abuse evaluation and treatment – driver’s license suspension for up to 1 year- community service – ignition interlock – loss of commercial license – increased penalties for a BAC of .16 or higher or causing serious injury.
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2nd DUI Conviction within7 Years: Jail time of up to 364 days – fines up to $1,000 – community service – DWI school – alcohol abuse evaluation and treatment – driver’s license suspension for2 years – ignition interlock – loss of commercial license – increased penalties for a BAC of .16 or higher or causing serious injury.
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3rd DUI Conviction within 7Years: Jail time of up to 364 days – fines up to $1,000 – community service – DWI school – alcohol abuse evaluation and treatment – driver’s license suspension for3 years – ignition interlock – loss of commercial license – increased penalties for a BAC of .16 or higher or causing serious injury.
New Mexico Drunk Driving Defenses
Sometimes there is something wrong with a traffic stop, DWI arrest, BAC testing, or DWI trial and the individual arrested is not convicted. Other times, DWI charges are reduced to reckless driving or dropped altogether.
If you are convicted, your DWI defense lawyer will fight to get you the minimum punishments allowable under law. For example, although you drove with a BAC above .08, you may have a clean driving record and didn’t hurt anyone.
New Mexico’s Other Drunk Driving and Alcohol Laws
New Mexico’s Dram Shop Act
New Mexico law provides that civil damages (money) will be awarded if a licensed drinking establishment serves a visibly intoxicated or underage person and third parties are injured as a result.
New Mexico’s Providing Alcohol to Underage Persons Law
It’s illegal for a licensed drinking establishment or individuals to provide alcohol to underage persons. Jail time (up to 18 months), suspension of liquor licensing, and fines (up to $10,000) will result.
How to Find aNew Mexico DUI Attorney
You need and deserve a zealous defense. To find a New Mexico DUI lawyer, search our website, www.attorneys.org, or ask friends or the bar association for a referral.
