The penalties for driving under the influence of intoxicating liquor or drugs (DUI) depend upon the classification, past convictions, and aggravating circumstances. First-time penalties for a DUI in New Mexico are petty misdemeanors and result in up to 90 days’ imprisonment and fines of $500. In contrast, eighth or subsequent DUI convictions are second-degree felonies with mandatory minimum prison sentences of ten years.
Per NMSA § 66-8-102, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. If you were arrested for a DUI, speak with an experienced criminal defense attorney as soon as possible. Remember: your charges are defensible, and legal representation can help clear your name.
DUI defense lawyer, Marc A. Grano, explains the penalties associated with a DUI conviction and how legal representation could make all the difference in your case. Grano Law Offices, P.C. wrote this post to help when Bad Things Happen to Good People and their loved ones.
What Are Misdemeanor Penalties for a DUI in New Mexico?
The misdemeanor penalties for a DUI in New Mexico vary significantly according to the facts and circumstances of your case. Understanding this concept is important since the outcome of one matter may differ drastically from your own experience, even if the two cases seem alike. A single fact or piece of evidence can change the entire trajectory of how things turn out.
First DUI Conviction Penalties
Under state law, a first offense can carry up to 90 days in jail and up to a $500 fine. You can also lose your driver’s license and be required to install an ignition interlock device (IID) on your vehicle. With the exception of the mandatory minimum requirements, a sentence on a first offense can be deferred or suspended, meaning you won’t have to serve jail time if you’re compliant with the one-year probationary period.
Mandatory first offense penalties for a DUI in New Mexico include the following:
- Installation of an IID for one year
- DWI school
- Alcohol screening and compliance with recommendations
- Twenty-four hours of community service
- Addiction treatment, if recommended
- Driver’s license revocation
Second DUI Conviction Penalties
Second-time penalties for a DUI in New Mexico carry more severe consequences for a conviction than a first-time matter, including:
- Up to 364 days of jail time
- A fine of up to $1,000 with $500 mandatory
- Probation between one and five years
- A mandatory jail sentence of 96 hours
- Minimum 48 hours of community service
- Installation of an IID for two years
It is possible that you could receive a suspended sentence for a second conviction. Speak with an attorney to determine if this is possible given the facts and evidence of your case.
Third DUI Conviction Penalties
A third-time DUI in New Mexico is the last stop before a felony. As such, judges punish these cases the most severely out of all misdemeanor DUI charges.
Third conviction penalties for a DUI in New Mexico include:
- A mandatory minimum of 30 days in jail
- Fines of up to $1,000, with a mandatory $750 fine
- Mandatory minimum of 96 hours of community service
- Substance abuse treatment
- Installation of an IID for three years
- Probation between one and five years
The penalties for a DUI vary drastically, especially for subsequent convictions. Police officers and prosecutors do not always get their cases right. Make sure you have legal representation on your side to investigate how they handled the case they have built against you.
How is an Aggravated DUI Different?
Aggravated is a legal term that means your alleged actions increased the severity or culpability of a criminal act.
You might be looking at penalties for an aggravated DUI in New Mexico if:
- Scenario 1. Your BAC was 0.16 percent or higher
- Scenario 2. You caused bodily harm to someone
- Scenario 3. You refused a breath test after being arrested for DUI
Penalties of an Aggravated DUI in New Mexico
If convicted of an aggravated charge in New Mexico, the following penalties for a DUI in New Mexico may apply:
- First aggravated DUI: Mandatory 48 consecutive hours imprisonment
- Second aggravated DUI: Mandatory minimum eight days imprisonment
- Third aggravated DUI: Mandatory minimum of 90 days imprisonment
Aggravated penalties for a DUI in New Mexico apply only if you are convicted of aggravated DUI. While a DUI will not ruin your life, work with a criminal defense lawyer as early on as possible to try and prevent that from happening in the first place.
What are the Penalties for a Felony DUI in New Mexico?
A fourth or subsequent DUI charge is considered a felony in the state of New Mexico. The charge depends on the number of prior valid convictions the prosecution can prove to the court. A felony DUI invokes significant mandatory incarceration time and felony probation requirements.
The following penalties apply to felony DUI convictions in New Mexico:
- Fourth DUI conviction: A fourth-degree felony, with a mandatory minimum of six months imprisonment and a maximum sentence of 18 months
- Fifth DUI conviction: A fourth-degree felony and carries a mandatory one year of imprisonment with a maximum of two years imprisonment
- Sixth DUI conviction: A third-degree felony, with a mandatory eighteen months of imprisonment with a maximum of thirty months
- Seventh DUI conviction: A third-degree felony and carries a mandatory minimum of two years with a maximum of three years imprisonment.
- Eighth DUI or subsequent conviction: A second-degree felony, with a mandatory minimum of ten years’ incarceration and a maximum of twelve years
All felony DWI convictions require felony probation and parole monitoring and compliance with felony probationary requirements.
Will I Lose My Drivers’ License as Part of Penalties for a DUI in New Mexico?
If you refuse to take a breath test, or if your BAC is above the legal limit, the arresting officer will confiscate your license upon arrest. The officer should also provide you with a Notice of Revocation. They also send the notice to the Motor Vehicle Division, which automatically revokes your driver’s license 20 days after your arrest under the Implied Consent Act.
To prevent your license from being revoked, you MUST submit a REQUEST FOR ADMINISTRATIVE HEARING along with a money order for $25.00 within ten days of your arrest to:
Driver Services Bureau
1100 South St. Francis Drive, Room 2092
PO Box 1028
Santa Fe, New Mexico 87504-1028
You can also download the Request for Hearing form here.
Note: Your Age Affects How Long You Lose Your License
If you do lose your license, the period of revocation will depend on your age and whether you have previously had your license revoked, as outlined below.
Over 21 years of age (at or above 0.08%) penalties for a DUI in New Mexico:
- 1st offense: 6 months for failing a chemical test, or one year for refusing a chemical test
- 2nd or Subsequent Offense: One year for failing or refusing a chemical test
Under 21 years of age (at or above 0.02%) penalties for a DUI in New Mexico:
- 1st and subsequent: One year for failing or refusing a chemical test
Convictions Affect Your Driving Privileges
You can also lose your license if convicted of a DWI. As with Implied Consent, the period of restriction depends on your DWI/DUI history as follows:
- 1st offense: One year
- 2nd offense: Two years
- 3rd offense: Three years
- 4th or subsequent offense: Lifetime
You can learn more about protecting your driving privileges by checking out this article, “Fight to Drive: Request a New Mexico MVD License Revocation Hearing.” In that post, we cover many aspects of this hearing and how the process works.
What Are the Benefits of Hiring a DUI Lawyer?
The effective defense of a DUI arrest is complex and detailed. Marc Grano, founder and attorney of Grano Law Offices, P.C., is certified by the National Highway Traffic Safety Administration (NHTSA) to conduct the Standardized Field Sobriety Tests and DUI investigations. He will use that knowledge and experience to provide you with an aggressive defense throughout the process.
How Grano Law Offices, P.C. Will Help You
We fight to WIN for our clients in Rio Rancho, Las Vegas, Mora, Santa Rosa, Raton, Springer, Española, Santa Fe, Taos, and everywhere in between.
You can rely on our legal team to:
- Investigate your side of the case… not theirs
- Prepare a defense of your case with you
- Fight for your driver’s license
- Challenge the prosecutor every step of the way
- Work toward getting your charges dropped, dismissed, or reduced
Our firm also offers prospective clients a free case strategy session so that they get the information they deserve at no cost or obligation. Consider scheduling one with our legal team if you were recently arrested.
Get a Free Case Strategy Session NOW
A DUI can stay on your record for up to 55 years, even for a first-time conviction! If you or a loved one finds yourself facing a DUI charge, contact a DUI defense lawyer in Las Vegas, New Mexico at Grano Law Offices, P.C. for a Free Case Strategy Session at (505) 426-8711 or message us privately via the contact form below.
