Charged with DWI in New Mexico? What You Need to Know Right Now

Written By Christopher Arima

If you’ve recently been arrested for DWI in New Mexico, you’re probably feeling overwhelmed, embarrassed, or even scared. You’re not alone and you’re not without options. Arima Law provides experienced, aggressive representation for people facing drunk driving charges across the state. Here’s what you need to know.

Understanding New Mexico DWI Laws

In New Mexico, driving while intoxicated (DWI) is a criminal offense that covers both alcohol and drug impairment. You can be charged if:

  • Your blood or breath alcohol content is 0.08% or higher

  • You’re under the influence of drugs or alcohol that impair your ability to the slightest degree to drive safely

Unlike a traffic ticket, a DWI arrest is serious and comes with both criminal penalties and civil/administrative consequences like losing your license.

Penalties for a DWI in New Mexico

The penalties for DWI get harsher with each conviction. Here’s a breakdown of what you could face:

First Offense DWI – Misdemeanor

  • Up to 90 days in jail

  • Up to $500 fine

  • 1 year ignition interlock requirement on all vehicles

  • Up to 1 year of probation

  • Mandatory: DWI School, community service (24 hours), substance abuse screening, Victim Impact Panel

Second Offense DWI – Misdemeanor

  • Up to 364 days in jail (96 hours mandatory)

  • Up to $1,000 fine ($500 minimum)

  • 2 years ignition interlock

  • Up to 5 years of probation

  • Mandatory: 48 hours community service, substance abuse treatment (28-day inpatient or 90-day outpatient), or Drug Court

Third Offense DWI – Misdemeanor

  • Up to 364 days in jail (30 days mandatory)

  • Up to $1,000 fine ($750 minimum)

  • 3 years ignition interlock

  • Up to 5 years of probation

  • Mandatory: 96 hours community service, substance abuse screening and treatment

Fourth and Fifth Offense – Fourth Degree Felony

  • Up to 18–24 months in prison, with 6–12 months mandatory

  • Up to $5,000 fine

  • 3 years ignition interlock

  • Up to 5 years probation

  • Mandatory: Substance abuse screening and recommended treatment

Sixth and Seventh Offense – Third Degree Felony

  • Up to 30–36 months in prison, with 18–24 months mandatory

  • Up to $5,000 fine

  • 3 years ignition interlock

  • Up to 5 years probation

  • Mandatory: Substance abuse screening and treatment

Eighth Offense – Second Degree Felony

  • Up to 12 years in prison, 10 years mandatory

  • Up to $10,000 fine

  • 3 years ignition interlock

  • Up to 5 years probation

  • Mandatory: Substance abuse screening and treatment

Civil Consequences: License Suspension & Interlock

A conviction doesn’t just mean jail time or fines. It can also result in:

  • Driver’s license suspension for 90 days to several years

  • A requirement to install an ignition interlock device in your vehicle

  • Increased insurance costs, job loss, and permanent criminal record

Even before a conviction, the Motor Vehicle Division (MVD) may suspend your license, so acting quickly is essential.

Why You Need a DWI Lawyer Now

The clock starts ticking the moment you’re charged. You may have only 10 days to request an MVD hearing to contest your license suspension. Delaying can cost you your driving privileges even before your court date.

Arima Law offers:

  • Free one-hour consultation

  • Flat-fee pricing (no hourly billing, no hidden costs)

  • Full representation through arraignment, motions, plea negotiations, trial, and MVD hearings

  • Local knowledge of New Mexico courts, judges, and prosecutors

Flat-Fee DWI Defense

Unexpected costs can be stressful. That’s why Arima Law offers clear, flat-fee DWI representation. Flexible payment plans available. No hourly billing. No surprises.

Take Action Today

If you've been charged with DWI in New Mexico, don’t face the system alone. Early intervention makes a difference. Let us help you protect your rights, minimize penalties, and build a strong defense.

Christopher Arima