Possible Penalties for DUI in New Mexico
Driving under the influence or driving while intoxicated can have severe consequences. Law enforcement officers around the country are cracking down on drunk drivers. In New Mexico, penalties vary depending on the number of offenses on a driver’s record. Drivers should be aware that New Mexico has some of the harshest DUI penalties in the nation.
First, Second, and Third Offense DUI Penalties
New Mexico law considers first, second, and third offense drunk driving charges as misdemeanors. However, the penalties do increase with each offense.
First offense penalties include:
- A revoked license – up to one year
- Jail time – up to 90 days
- Mandatory enrollment in DUI school
- Community service
Second offense penalties include:
- A revoked license – 2 years
- Jail time – 4 days mandatory then up to 1 year
- Fines – $500 mandatory but no more than $1,000
- Alcohol evaluation
- Community service
Third offense penalties include:
- A revoked license – 3 years
- Jail time – 30 days mandatory then up to one year
- Fines – $750 but no more than $1,000
- Alcohol evaluation
- Community service
Additional penalties for these misdemeanor offenses are enrollment in treatment programs and up to five years of probation. A judge will also require the driver to install an ignition interlock system in their vehicle for up to three years.
Fourth and Fifth Offense DUI Penalties
Drivers who are caught driving under the influence for the fourth and fifth time in New Mexico are subject to felony charges of the fourth degree.
Fourth offense penalties include:
- A revoked license – for life
- Jail time – 6 months mandatory then up to 18 months
- Fines of up to $5,000
Fifth offense penalties include:
- A revoked license – for life
- Jail time – 1 year mandatory then up to 24 months
- Fines of up to $5,000
The felony charges will be subject to a five-year court review. A judge will also require the driver to use an ignition interlock system for life and attend alcohol evaluation programs and treatment.
Sixth, Seventh, or Subsequent DUI Penalties
The more often a driver is arrested for drunk driving, the harsher the penalties. Sixth, seventh, and subsequent offenses are subject to felony charges of the third degree.
Sixth offense penalties include:
- A revoked license – for life
- Jail time – 18 months mandatory then up to 30 months
- Fines of up to $5,000
Seventh and subsequent offense DUI penalties include:
- A revoked license – for life
- Jail time – 2 years mandatory then up to 3 years
- Fines of up to $5,000
Other DUI Charges
In addition to offense charges, drunk drivers may face harsher penalties if they are found guilty of aggravated DUI or if they were caught driving while their license was revoked for a previous DUI. These charges include additional jail time and additional fines.
Drivers facing DUI charges need to discuss their case with a New Mexico criminal defense attorney. The experienced DUI defense attorneys at the New Mexico Criminal Law Offices understand the charges and penalties you are facing, and will work hard to ensure your rights are protected in court. Call us today at 505-200-2982 or contact us online for a free case evaluation.