New Mexico

Code Section
66-5-29; 66-8-102; 66-8-112

BAC Legal Limit
.08% BAC; under age 21: .02% BAC; commercial motor vehicle driver: .04%

Rehabilitation Required?
May be required by court to enroll in screening program to determine level of abuse and recommendation of treatment, if necessary; must complete any recommended treatment program required by court; 1st offense: must attend driver rehab program for alcohol or drugs, a “DWI school,” and any other rehab programs the court finds necessary

Driver’s License Suspension?
1 yr. (on 1st offense suspension can be avoided by attending driver rehab program)

Other Penalties
1st: $300-500 and/or up to 90 days jail and min. 48 hrs. of community service; 2nd: $500 and/or up to 1 yr. jail and min. 48 hrs. of community service; 3rd: $750 and min. 30 days-1 yr. jail; 4th: 4th degree felony—min. 6 mos. jail (penalties more severe for BAC over .16% and accident causing bodily injury)


Inside New Mexico