New Mexico DWI Penalties: Fines, Jail Time & License Impact
Last updated: March 4, 2026
Quick Answer: A first-offense DWI in New Mexico carries up to $500 in fines, up to 90 days in jail, and a 1-year license revocation. New Mexico is unique: DWI charges cannot be plea-bargained down to a lesser offense. Aggravated DWI (BAC 0.16%+) triggers mandatory jail time and enhanced penalties.
New Mexico DWI Penalty Comparison
| Offense | Fine | Jail Time | License | IID |
|---|---|---|---|---|
| 1st DWI | Up to $500 | Up to 90 days | 1 year revocation | Required |
| 1st Aggravated DWI (0.16%+) | Up to $1,000 | 48 hrs mandatory – 90 days | 1 year revocation | Required |
| 2nd DWI | Up to $1,000 | 96 hrs mandatory – 364 days | 2 years revocation | Required |
| 3rd DWI | Up to $5,000 | 30 days mandatory – 364 days | 3 years revocation | Required |
| 4th+ DWI (Felony) | Up to $5,000 | 18 months (prison) | Lifetime revocation possible | Required |
Aggravating Factors
- ⚠BAC of 0.16% or higher — aggravated DWI with mandatory 48 hours jail (first offense)
- ⚠Causing an accident with great bodily harm — aggravated DWI with enhanced sentencing
- ⚠Refusal to submit to chemical testing — 1-year license revocation (admin)
- ⚠Prior DWI convictions within 10 years — enhanced sentencing for each subsequent offense
- ⚠Fourth DWI within 10 years — fourth-degree felony with up to 18 months in prison
- ⚠DWI causing death — vehicular homicide, second-degree felony (up to 15 years)
- ⚠No plea bargains — DWI charges in New Mexico cannot be reduced to lesser offenses
Administrative vs. Criminal Penalties
Administrative (NM MVD)
- • License revocation begins after 20-day period
- • Handled by New Mexico MVD
- • Hearing can contest the revocation
- • IID required for license reinstatement
- • Separate from criminal case outcome
Criminal (Court)
- • Fines, jail time, probation
- • No plea bargaining allowed for DWI
- • Mandatory screening and treatment
- • Community service required
- • 4th offense is a felony
⏰ Critical Deadline
10 Days to Request MVD Hearing
After a DWI arrest in New Mexico, you have 10 days to request an administrative hearing with the New Mexico Motor Vehicle Division (MVD). Miss this deadline and your license will be automatically revoked — regardless of your criminal case outcome.
Frequently Asked Questions
A first-time DWI in New Mexico carries up to $500 in fines, up to 90 days in jail, a 1-year license revocation, mandatory DWI school, community service, and a substance abuse screening. An IID is required for all offenders. If your BAC was 0.16% or higher, you face aggravated DWI charges with enhanced penalties.
An aggravated DWI in New Mexico applies when your BAC is 0.16% or higher, or when you cause an accident resulting in injury. Penalties include 48 hours mandatory jail (first offense), higher fines, longer license revocation, and mandatory substance abuse treatment. New Mexico does not allow plea bargains for DWI charges — the charge cannot be reduced to a lesser offense.
No. New Mexico has a strict no-plea-bargain law for DWI charges. A DWI cannot be reduced to reckless driving or any other lesser charge. Your case must either go to trial, result in a plea to the DWI charge itself, or be dismissed. This makes New Mexico unique among the states and means your defense strategy must focus on dismissal or acquittal.
After a DWI arrest in New Mexico, you have 10 days to request an administrative hearing with the New Mexico Motor Vehicle Division (MVD). If you don't request a hearing within this window, your license will be automatically revoked. This administrative action is separate from your criminal case.
A DWI conviction stays on your criminal record permanently in New Mexico. On your driving record, it remains for 10 years and counts as a prior offense for sentencing enhancement. New Mexico has limited expungement options for DWI convictions. A fourth DWI within 10 years is a fourth-degree felony.
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