New Mexico takes DUI charges seriously. It’s important to remember that a charge is not a conviction. If you are facing charges reach out to our experienced New Mexico criminal lawyers for a consultation. Keep reading to learn of possible DUI penalties.
First Conviction DUI Penalties
If you are convicted of a first-offense DUI in New Mexico, the penalties are as follows:
- 48 hours of jail time
- A fine between $100 and $500
- License suspension for 3 months to 1 year (if you refused a breath test or had a blood alcohol concentration over 0.16 percent).
If you have been convicted before of a DUI in New Mexico or another state, your minimum sentence will be at least ten days in jail. Refusing chemical testing or having an alcohol concentration over 0.16%, your minimum sentence may be increased by 90 days.
Penalties for two or more prior convictions
- You won’t get away with just paying your fine and getting back on the road. If you’ve been charged with driving under the influence (DUI), there are harsh penalties for repeat offenders, including mandatory jail time, fines, probation, and license suspensions.
- As with most criminal sentences, this one comes with conditions: you’ll have to complete an alcohol treatment program while serving your sentence at least 180 days after completing your DUI class; AND/OR if you fail to meet either requirement within 6 months of being released from prison/jail then it will be considered a separate felony charge punishable by 1 year in prison/jail or 2 years probation or 3 years deferred prosecution
In New Mexico, there are different penalties for a third DUI conviction. A third conviction within the past seven years is considered a felony. This can result in up to 18 months in prison plus fines and possible probation. Fines range from $1,000 to $5,000. You may also be ordered to pay court costs of around $200. In addition to these monetary penalties, you will face jail time and driver’s license suspension:
All convictions come with mandatory jail time between 48 hours and 90 days. The number of days will depend on your BAC level at the time of arrest or accident. The length of your probation will vary depending on whether this is your first offense; however, it could last anywhere from two years all the way up to five years. This depends on how many prior DUIs you’ve had over that period, and if any other charges were involved.
Driving drunk with children under 15 in the vehicle will result in a mandatory 10-day jail sentence. If you’re convicted of this charge, you will also be required to pay a fine of up to $5,000.
Implied Consent Law
New Mexico uses an implied consent law on breath tests. This allows officers to request breath tests during traffic stops by drivers who were drinking. Refusing to submit to either test can result in a revoked driver’s license and being charged with an aggravated DUI.
DUI penalties are serious business
Your entire life can be turned upside down by a DUI conviction. You may face jail time and fines that are far more than what most people make in a month. You may lose your license for quite some time. This means no more getting to work or going shopping with friends and family—or even going on vacation!
If you have an accident while driving drunk or drug-impaired, it will be up to the state’s prosecutor if they will pursue criminal charges.
In New Mexico, the penalty for driving under the influence (DUI) is serious business. It can result in fines and even jail time. If you are arrested for a DUI, it is vital to contact an attorney as soon as possible.
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