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    Arrested for DWI in New Mexico? What Happens Next

    Free, step-by-step New Mexico DWI guide: your license deadline, the court process, penalties, and how to get back on the road. Not legal advice.

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    ⚠️ CRITICAL: New Mexico's 10-Day Rule

    You must request an MVD hearing IN WRITING within 10 calendar days of being served the Notice of Revocation (usually at arrest). Include a $25 check or money order. Miss this deadline → automatic license revocation.

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    Your New Mexico DWI Journey

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    • •You were arrested for DWI — New Mexico uses 'DWI' (same as DUI in other states)
    • •You received a citation and temporary license
    • ⚠️ You have only 10 DAYS to request an MVD hearing — act fast
    • •Must include $25 check or money order with written request
    • •Mail to: MVD Central Administration, 1100 South St. Francis Drive, Santa Fe, NM 87505
    • •Or hand-deliver to any MVD office
    • •Write down everything you remember about the arrest
    • •Consider consulting with a DWI attorney — NM has unique rules

    • •This is SEPARATE from your criminal case — handled by NM MVD
    • •MVD determines if license should be revoked
    • •Win: keep your license (criminal case continues separately)
    • •Lose: license revoked, but Ignition Interlock License available IMMEDIATELY
    • •Ignition Interlock License lets you drive ANYWHERE in NM with IID installed
    • •No restriction on purpose of driving (work, personal, errands — all OK)
    • •Apply through any MVD office with proof of IID installation and insurance

    • •Timeline: Arraignment → Pre-trial → Trial or Plea → Sentencing
    • •Handled in Magistrate Court (misdemeanor) or District Court (felony)
    • •NEW MEXICO PROHIBITS PLEA BARGAINING DWI — if BAC was 0.08%+, you must plead to DWI
    • •No 'wet reckless' option available in New Mexico
    • •Aggravated DWI: BAC ≥ 0.16%, refusal, or crash with injury — enhanced mandatory jail
    • •Fourth offense = FELONY with 1-2 years prison and lifetime IID

    New Mexico DWI Penalties

    1st DWIMisdemeanor
    JailUp to 90 days
    FineUp to $500
    License1-year revocation
    IID1 year
    1st Aggravated DWIMisdemeanor
    Jail48 hrs mandatory
    FineUp to $500
    License1-year revocation
    IID1 year
    2nd DWIMisdemeanor
    Jail4-364 days (4 mandatory)
    Fine$500-$1,000
    License2-year revocation
    IID2 years
    3rd DWIMisdemeanor
    Jail30-364 days (30 mandatory)
    Fine$750-$1,000
    License3-year revocation
    IID3 years
    4th+ DWI (FELONY)Felony
    Jail1-2 years prison
    FineUp to $5,000
    LicenseLIFETIME revocation
    IIDLifetime

    * New Mexico prohibits plea bargaining DWI. Refusal makes any offense 'Aggravated.' DWI stays on record 55 years.

    • •DWI School: mandatory for all offenses
    • •Community service: at least 48 hours may be ordered (first offense), up to 96 hours (third offense)
    • •Ignition Interlock Device: 1 year (first), 2 years (second), 3 years (third), lifetime (fourth+)
    • •Cost: $70-130/month plus installation
    • •SR-22 Insurance: required for 3 years after revocation period ends
    • •Costs $1,100-$3,200+/year extra
    • •Inpatient or outpatient treatment may be required for repeat offenders

    • •Getting your license back: complete IID period, pay reinstatement fees, visit MVD
    • •DWI stays on your NM driving record for 55 YEARS — one of the longest in the nation
    • •New Mexico allows expungement of some DWI convictions after waiting period
    • •First offense: may petition after completing all conditions
    • •Expunged conviction still counts as a prior for future DWI charges
    • •Vehicle forfeiture: a judge can order your vehicle seized
    • •Insurance impact: rates elevated 3-7 years
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