Information on New Mexico DWI and Ignition Interlock Laws

When you are arrested for a DWI in New Mexico your license can be suspended in two different ways:

If you fail a breath test, or refuse to take one, your license will be immediately suspended or revoked, and the arresting officer will give you a temporary driving permit that will let you drive for 10 days in order to get your affairs in order. During that time you can request a hearing to challenge the case. If you do not, or if your challenge is unsuccessful, your license will be suspended on the 11th day for 21 months.

If you are sentenced by a court after a trial or plea agreement you will face additional sanctions.  The administrative and judicial cases are separate, and must both be handled.   Jail terms are more severe if blood alcohol concentration (BAC) is .16 or above, or if an injury was caused in the course of the DWI.  An ignition interlock device is mandatory for all DWI convictions. The term varies depending on the prior record of DWI offenses.  For 4th or subsequent offenses the term is lifetime, with the opportunity of a court review every 5 years.  You will also have to undergo alcohol evaluation and treatment and perform community service.