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.
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 →
Penalties by Offense
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.
Mandatory 96 hours jail. IID required for 2 years. 28-day inpatient treatment or equivalent outpatient program.
Mandatory 30 days jail. IID required for 3 years. Mandatory inpatient treatment. Vehicle subject to forfeiture.
Felony conviction. Vehicle forfeiture. Mandatory treatment. Lifetime IID requirement for any future license.
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.