New Mexico DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §66-8-102
A first DWI in New Mexico is classified as a misdemeanor.
- Jail: 0 days (standard); 48 consecutive hours (aggravated DWI) minimum to 90 days maximum
- Fine: $300 to $500
- License suspension: 1 year
- Substance abuse program: screening program and DWI school (driver rehabilitation program) mandatory
- Community service: 24 hours minimum mandatory
- Probation: available
Second offense
- Jail: 96 consecutive hours minimum to 364 days maximum
- Fine: $500 to $1,000
- License suspension: 2 years
Third and subsequent offenses
- Jail/prison: 30 consecutive days minimum to 364 days maximum
- Fine: $750 to $1,000
- License suspension: 3 years
- Felony threshold: fourth offense is a fourth-degree felony (up to 18 months prison, 6 months mandatory)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DWI | 0 days (standard); 48 consecutive hours (aggravated DWI)–90 days §66-8-102 | $300–$500 §66-8-102 | 1 year §66-8-102 | |
| Second DWI | 96 consecutive hours–364 days §66-8-102 | $500–$1,000 §66-8-102 | 2 years §66-8-102 | |
| Third DWI | 30 consecutive days–364 days §66-8-102 | $750–$1,000 §66-8-102 | 3 years §66-8-102 |
Lookback period
New Mexico uses a lifetime (priors never wash out) Lookback period to determine how prior offenses affect sentencing. Only DWI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §66-8-102(D)
- BAC ≥ 0.16
- Refusal to submit to chemical test
- DWI causing bodily injury
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- 1st offense: 0 days (standard); 48 consecutive hours (aggravated DWI) to 90 days jail, $300-$500 fine, 1 year suspension
- 2nd offense: 96 consecutive hours to 364 days jail, $500-$1,000 fine
- 3rd+ offense: 30 consecutive days to 364 days jail, $750-$1,000 fine
- Lookback period: lifetime (priors never wash out)