Reviewing New Mexico DWI laws and test refusal? compare breath-test refusal penalties by state.

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    What Are the Penalties for a DWI in New Mexico?

    First offense, repeat offenses, aggravated DWI, and felony fourth offense — all penalties explained.

    Last updated: March 3, 2026

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    A first-offense DWI in New Mexico carries up to $500 in fines, up to 90 days in jail (no mandatory minimum unless it’s aggravated DWI), and a 1-year license revocation on conviction. All offenses require ignition interlock installation. Second offense: up to $1,000 fine and mandatory 96 hours jail. Third offense: mandatory 30 days jail and vehicle may be forfeited. A fourth DWI is a felony with 18 months to 3 years in prison and possible lifetime license revocation. Aggravated DWI (BAC 0.16%+) triggers enhanced penalties at every level.

    Keep reading for the full breakdown
    Legal BAC Limit0.08%
    Aggravated DWI0.16%+ BAC
    Under 21 BAC0.02%
    MVD Hearing Deadline10 days
    New Mexico calls this offense DWI:

    New Mexico uses "DWI" (Driving While Intoxicated). The state has no lifetime lookback limit — all prior DWI convictions count toward enhancement, regardless of age.

    Have questions about your specific New Mexico DWI situation? Get answers →

    First Offense DWIMisdemeanor
    FineUp to $500
    JailUp to 90 days
    License1 year revocation

    No mandatory jail for a standard first DWI; the judge may order at least 48 hours of community service or a $300 fine. IID required for 1 year. DWI school required. Probation up to 1 year.

    Second Offense DWIMisdemeanor
    FineUp to $1,000
    Jail96 hours to 364 days
    License2 years revocation

    Mandatory 96 hours jail. IID required for 2 years. 28-day inpatient treatment or equivalent outpatient program.

    Third Offense DWIMisdemeanor
    FineUp to $5,000
    Jail30 days to 364 days
    License3 years revocation

    Mandatory 30 days jail. IID required for 3 years. Mandatory inpatient treatment. Vehicle subject to forfeiture.

    Fourth Offense DWIFourth Degree Felony
    FineUp to $5,000
    Jail18 months to 3 years (prison)
    LicenseLifetime revocation (possible reinstatement after 5 years)

    Felony conviction. Vehicle forfeiture. Mandatory treatment. Lifetime IID requirement for any future license.

    Aggravated DWI (0.16%+ BAC)Misdemeanor (enhanced)
    FineUp to $1,000 (1st offense)
    Jail48 hours to 364 days
    License1 year revocation

    BAC of 0.16%+ triggers aggravated penalties. Mandatory 48 hours jail for first offense. Enhanced IID requirements.

    New Mexico has no lookback limit — all prior DWI convictions count toward offense enhancement, no matter how old they are.

    New Mexico requires IID installation for all DWI convictions including first offense through its Ignition Interlock Licensing Program.

    You'll also need to complete New Mexico DWI class requirements as part of your case. Have questions about your New Mexico DWI arrest? Get state-specific answers on our DUI Q&A page.

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