New Mexico DUI Penalties
Implied Consent Laws
Laws requiring drivers assumed of driving under the influence to admit to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include obligatory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In New Mexico, any driver with a blood-alcohol concentration - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this corroboration is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focus on drivers not of legal drinking age. In New Mexico, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more difficult punishment for those convicted of DUI with a for the most part high blood-alcohol content at the instant of arrest; this is typically .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in New Mexico.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above New Mexico’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In New Mexico, for the former DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The sentence of vehicle confiscation for DUI conviction – either permanently or temporarily - is a risk in some states, ordinarily for repeat offenders. This is not a penalty option in New Mexico.
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Ignition Interlock
An ignition interlock device attaches to the convicted DUI offender’s car and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a likelihood in some states, this is not an choice in New Mexico.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol learning and prevention program, treatment for alcohol abuse, and review of a person for possible alcohol or drug dependence can be required for DUI offenders in New Mexico. These steps are often optional instead of serving a sentence of incarceration or paying fines.
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