New Mexico DWI Laws: Penalties, BAC & License (2026)

In New Mexico the offense is called driving while intoxicated (DWI), and under NMSA 66-8-102 it is unlawful to drive with a blood or breath alcohol concentration (BAC) of 0.08 percent or more, or while impaired by alcohol or drugs. A first DWI is a misdemeanor carrying up to 90 days in jail, a fine of up to $500, and a license revocation, and New Mexico requires an ignition interlock for every convicted offender, even on a first offense.

This guide is part of our DUI Laws by State series.

What counts as a DWI in New Mexico

New Mexico's core DWI statute, NMSA 66-8-102, makes it unlawful to drive while under the influence of intoxicating liquor or drugs, and sets a per se rule of 0.08 percent or more BAC within three hours of driving. Because the impairment prong does not require a specific number, a driver below 0.08 can still be convicted if the State proves impairment. Commercial drivers are held to 0.04 percent under the same subsection. The 0.02 percent zero-tolerance figure often quoted for drivers under 21 sits in a different statute: NMSA 66-8-111(C), part of the Implied Consent Act, makes a result of 0.02 percent or more a ground for administrative license revocation when the driver is under 21. It is not an element of the per se offense, so an under-21 driver at 0.03 percent faces MVD revocation but cannot be convicted per se without proof of impairment. A BAC of 0.16 percent or more is charged as aggravated DWI, and a DWI also becomes aggravated when the driver causes bodily injury or refuses chemical testing. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DWI penalties in New Mexico (jail, fines, license)

A first DWI is a misdemeanor under NMSA 66-8-102, punishable by up to 90 days in jail and a fine of up to $500. The statute also requires the driver to complete a screening program, attend DWI school, and perform at least 24 hours of community service. An aggravated first offense, which includes a BAC of 0.16 percent or more, a refusal, or an injury, adds a mandatory minimum of 48 consecutive hours in jail. On conviction, the New Mexico Motor Vehicle Division also revokes the license under NMSA 66-5-29. That revocation does not stack on top of the administrative revocation tied to the arrest: NMSA 66-5-29(C) provides that where the same offense triggers revocation under both statutes, the license is revoked for a combined period of one year for a first offender. Every convicted offender must obtain an ignition interlock license and install the device, a requirement that has no exception even for a first offense.

Watch out: The Motor Vehicle Division revocation and the criminal court case are two separate proceedings. You can resolve the criminal case and still lose your license through the MVD, and you generally must request an administrative hearing within 10 days of the notice of revocation.

Ignition interlock requirements in New Mexico

New Mexico has one of the strictest interlock rules in the country. Under NMSA 66-8-102, every person convicted of DWI must obtain an ignition interlock license and have an interlock device installed and operating on every vehicle the offender drives. There is no first-offense exception, which sets New Mexico apart from states where the device is reserved for high-BAC or repeat cases. The first-offense interlock period is at least one year, and it scales up to two years for a second offense, three years for a third, and a lifetime requirement for a fourth or subsequent offense. The interlock license itself is governed by NMSA 66-5-503. The device requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading for the MVD.

License revocation and the administrative process in New Mexico

New Mexico runs two revocation tracks at once. The administrative revocation under the Implied Consent Act is an MVD action against the driving privilege based on the arrest, independent of the criminal court outcome. As the New Mexico Motor Vehicle Division explains, a driver 21 or older who fails the chemical test on a first offense faces a six-month administrative revocation. Under NMSA 66-8-111(C), the period is one year instead for a driver who was under 21 at the time of arrest or whose license has been revoked before, and NMSA 66-8-111(B) sets one year for a refusal. The arresting officer serves a notice of revocation that also acts as a temporary permit, and the driver must request a hearing within 10 days to contest it. A conviction also triggers revocation under NMSA 66-5-29, but the two periods do not add together. Subsection (C) of that statute directs that where one offense triggers both, the license is revoked for a combined period of one year for a first offender, two years for a second conviction, three years for a third, and for the remainder of the offender's life on a fourth or subsequent conviction. To reinstate, the driver must serve the revocation, complete DWI school and an alcohol assessment, install the interlock, file proof of financial responsibility through an SR-22 policy, and pay reinstatement fees.

Repeat offenses and the New Mexico look-back period

New Mexico treats prior DWIs more harshly than most states because it has no look-back period. Under NMSA 66-8-102, any prior DWI conviction counts toward enhancement no matter how long ago it happened, so the priors effectively last a lifetime. A second DWI carries a mandatory minimum of 96 hours in jail and a two-year interlock, and a third carries a mandatory minimum of 30 days and a three-year interlock. The felony threshold is the fourth offense, which is a fourth-degree felony punishable by up to 18 months in prison. Fifth and later offenses escalate further. Separately, homicide by vehicle or great bodily harm by vehicle committed while intoxicated is a felony under NMSA 66-8-101, regardless of offense number.

Watch out: Refusing a chemical test does not protect your license and usually makes things worse. A refusal triggers a one-year administrative revocation, longer than the six-month revocation for failing the test, and it also makes the DWI an aggravated offense with mandatory jail.

Refusing a breath or blood test in New Mexico

New Mexico's Implied Consent Act, NMSA 66-8-105 and following, provides that by driving in the state you have agreed to submit to a chemical test of blood or breath if lawfully arrested for DWI. According to the New Mexico Motor Vehicle Division, refusing the test results in a one-year administrative license revocation on a first offense, compared with a six-month revocation for a driver 21 or older who fails the test. A refusal also elevates the DWI to an aggravated offense under NMSA 66-8-102, which carries a mandatory minimum of 48 hours in jail on a first offense. Because the refusal revocation is longer and the criminal exposure is greater, refusing rarely helps. The driver may contest the revocation at a hearing requested within 10 days of the notice.

Can you expunge or seal a DWI in New Mexico

New Mexico's Criminal Record Expungement Act, NMSA 29-3A-1 and following, took effect in 2020, but it specifically excludes DWI convictions. Under NMSA 29-3A-5(G), the conviction-expungement provisions do not apply to an offense involving driving while under the influence of intoxicating liquor or drugs, as the New Mexico Supreme Court expungement materials confirm. That means a DWI conviction in New Mexico cannot be expunged or sealed and stays on the record. The exclusion applies only to convictions, so a DWI charge that ended in a dismissal, an acquittal, or certain non-conviction outcomes may still qualify for expungement. Because there is no look-back period, an unexpungeable DWI conviction also continues to count as a prior for life if the person is charged again.

What to do after a DWI arrest in New Mexico

A New Mexico DWI creates two matters at once: a criminal case in court and an administrative license case at the MVD. The deadlines are short, so a common first step is to request an MVD administrative hearing within 10 days of the notice of revocation, because missing that window generally lets the revocation take effect automatically. The criminal case proceeds on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Before that 10-day window closes, ask a New Mexico DWI attorney for a free consultation on the MVD hearing and the criminal case (attorney advertising). Keep the arrest paperwork, the notice of revocation, and any test results in a safe place.

More New Mexico Laws

• New Mexico Expungement Laws
• New Mexico Warrant Search

Frequently Asked Questions

What is the BAC limit in New Mexico?

The per se limit is 0.08 percent BAC for drivers 21 and older under NMSA 66-8-102, and 0.04 percent for commercial drivers. A BAC of 0.16 percent or more is charged as aggravated DWI. The 0.02 percent zero-tolerance figure for drivers under 21 comes from the Implied Consent Act, NMSA 66-8-111(C), and is a ground for administrative license revocation rather than a per se criminal threshold.

Do you need an interlock for a first DWI in New Mexico?

Yes. New Mexico requires an ignition interlock device for every convicted DWI offender, including first offenders, for at least one year under NMSA 66-8-102. The driver must also obtain an ignition interlock license before driving.

Is a first DWI a felony in New Mexico?

No. A first DWI is a misdemeanor punishable by up to 90 days in jail. DWI becomes a fourth-degree felony on the fourth offense, and homicide or great bodily harm by vehicle while intoxicated is a felony under NMSA 66-8-101 regardless of offense number.

How many DWIs is a felony in New Mexico?

The fourth DWI is a felony in New Mexico. A fourth offense is a fourth-degree felony under NMSA 66-8-102, and fifth and later offenses carry progressively higher felony classifications and prison terms.

What happens if you refuse a breathalyzer in New Mexico?

Under the Implied Consent Act, refusing the test triggers a one-year administrative license revocation, longer than the six-month revocation for failing the test. A refusal also makes the DWI an aggravated offense with a mandatory minimum of 48 hours in jail.

What is the look-back period for DWI in New Mexico?

New Mexico has no look-back period for DWI. Under NMSA 66-8-102, all prior DWI convictions count toward enhancement no matter how long ago they occurred, so the priors effectively last a lifetime.

How long do you lose your license for a first DWI in New Mexico?

The administrative revocation is six months if a driver 21 or older failed the test, and one year if the driver refused, was under 21 at the time of arrest, or had a prior revocation. A conviction also triggers revocation under NMSA 66-5-29, but the periods do not add together: subsection (C) caps the combined revocation at one year for a first offender. You can apply for an interlock-restricted license to drive during the revocation.

Can you get a DWI expunged in New Mexico?

No. The Criminal Record Expungement Act excludes DWI convictions under NMSA 29-3A-5(G), so a DWI conviction cannot be expunged or sealed. A DWI charge that ended in a dismissal or acquittal may still qualify because the exclusion applies only to convictions.