8Jul 2015
Jul 8, 2015

What is ‘legally drunk’ in New Mexico

In New Mexico, drivers less than 21 years are considered to be legally drunk if their blood alcohol level is more than .02, for non-commercial drivers above 21 years, they are legally drunk when their blood alcohol level is more than .08. On the other hand, commercial vehicle drivers are considering being legally drunk when their blood alcohol level is more than .04. In New Mexico, school bus drivers are commercial drivers.

New Mexico Drunk Driving Penalties

For first time DUI offenders in New Mexico, they face the following penalties

  • A prison sentence of up to 3 months
  • A fine not exceeding  $500
  • 24 to 48 hours of community service work
  • The offender may be required to pay an additional fine of $300
  • The offender will be subjected to a screening program and required to enroll in a  driver rehabilitation program for alcohol
  • The revocation period for the offender’s driver’s license is 1 year

 
For a second time offender, he/she faces:

  • A prison sentence of up to one year, the offender is required to serve at least 96 hours in jail.
  • A fine not exceeding $1,000
  • 48 hours of community service
  • At least 28 days in an in-patient or in-custody substance abuse program
  • At least 3 months in an out-patient treatment program or any other substance abuse treatment program ordered by the judge
  • The revocation period for the offender’s driver’s license is 2 years

 
For third time offenders, they face:

  • A prison sentence of up to one year, the offender must serve at least 1 month in jail
  • A fine not exceeding $1,000
  • At least 28 days in an in-patient or in-custody substance abuse program
  • At least 3 months in an out-patient treatment program or any other substance abuse treatment program ordered by the judge
  • The revocation period for the offender’s driver’s license is 3 years

 
For offenders convicted four or more times, they face:

  • A prison sentence between 6 to 18 months
  • A fine not exceeding $5,000
  • The offender’s driver’s license will be revoked for life, subject to a five-year review

 

The Point System in New Mexico

The New Mexico MVD uses the point system to keep track of drivers’ traffic offenses and driving violations. If you accumulate too many you may face your driver’s license suspension, cancelation or revocation, fines and driving restrictions. A New Mexico driver who receives 7 to 10 points within one year will have the license suspended for 30 days.