The new dwi laws in passed in 2010 have introduced some changes in the New Mexico drunk driving penalties. For example, the dwi chemical test fee has now been fixed at $85 (previously, it was $65). Following is a general overview on what kind of penalties you can expect when you get convicted under dwi charges in this state. But, you are advised to consult an experienced New Mexico dwi attorney for more detailed and accurate information on what is applicable in your specific case.
First New Mexico Dui Conviction
You will have to face the following New Mexico drunk driving penalties when you get convicted for the first time in a dui case.
- Though not mandatory, you are likely to be ordered to attend a specific treatment program.
- Participation in a community service program is compulsory for certain duration as specified by the court.
- You will also have to attend an alcohol evaluation program
- Besides that, the court will also order you to join a dwi school
- The maximum period for which your license may remain suspended is twelve months, but you may apply for a restricted license by getting an ignition interlock device installed in your vehicle for at least a year.
- Though there is no monetary fine for a first time dui conviction in New Mexico, you are very much likely to be sent to jail imprisonment for a period of up to three months.
Second New Mexico Dui Conviction
The following New Mexico drunk driving penalties will be applicable if it is a second conviction.
- You will be at probation for a period of up to five years.
- This time, it will be compulsory to attend an alcohol treatment program. Besides that, participation in community service and completing an alcohol evaluation program as per the court order is also mandatory.
- Your license will be suspended for twenty-four months. However, you can obtain a restricted license, but to qualify for that, ignition interlock device will be required.
- You will also have to pay a monetary fine of at least $500, which can go up to $1000.
- The jail imprisonment period ranges from 4 days to 364 days.
Third New Mexico Dui Conviction
The third time conviction will attract the following New Mexico drunk driving penalties.
- Probation for five years
- Attending a treatment program
- Participating in a court-ordered community service program
- Completing an alcohol evaluation program
- Suspension of driving license for three years
- Provision for restricted license (ignition interlock device will be required for at least three years)
- You will have to pay somewhere between $750 and $1000 as monetary fine.
- You will also have to spend at least thirty days in jail; the maximum jail imprisonment period can be as long as 364 days.
Fourth New Mexico Dui Conviction
When you get convicted for the fourth time, the level of New Mexico drunk driving penalties increases significantly because it is treated as a felony offence.
- Completing an alcohol treatment and evaluation program
- Your license will be suspended for lifetime, but there is a provision for review every five years. After five years, you may be issued a restricted license provided you get an ignition interlock device installed in your vehicle for lifetime.
- This time, you will have to pay at least $5000 as fine
- You will be in prison for a period of at least six months; the maximum period is eighteen months.
Fifth New Mexico Dui Conviction
A fifth-time conviction and you are into serious trouble, as it is again a felony offence, which invites the following New Mexico drunk driving penalties.
- Everything remains the same as in a fourth time conviction; the only change is in the period of jail imprisonment. The jail term this time may range from at least one year to two years.