Second Offense DWI in New Mexico

In New Mexico, DWI offenses constitute driving a motor vehicle under the influence of intoxicating liquor, or any drug that renders a person incapable of safely driving a vehicle, with an alcohol concentration of 0.08 in their breath or blood. The State of New Mexico officially recognizes "DWI" (Driving While Intoxicated), although this term is often used interchangeably with DUI.

While a first, second, and third DWI in New Mexico is considered a misdemeanor under New Mexico DWI law, subsequent offenses are considered felonies, with the felony class increasing every two subsequent counts. The penalties increase correspondingly. For instance, while fourth and fifth DWIs are fourth-degree felonies, sixth and seventh DWIs are considered third-degree felonies.

Is a 2nd DWI a Felony in New Mexico?

No. A DWI is only classified as a felony on the fourth and subsequent convictions. The fourth and fifth convictions are fourth-degree felonies, while the sixth and seventh convictions are third-degree felonies. An eighth conviction is a second-degree felony.

What is the Lookback Period for a Second DWI in New Mexico?

New Mexico DWI laws do not expressly stipulate a lookback period for second DWIs. In other states like New York, a lookback period of 10 years applies–this is the minimum time that must elapse before a previous DWI conviction may cease to impact future DWI convictions and sentences.

What are Aggravating Factors in a Second DWI?

Persons guilty of aggravated driving while under the influence of intoxicating liquor or drugs are typically subject to increased penalties, such as a fine amount and sentence duration. Some factors that constitute aggravated driving in New Mexico include:

• Alcohol concentration of sixteen one-hundredths or more in a driver's breath or blood while driving
• Refusal to submit to chemical testing as provided for in the Implied Consent Act
• Causation of bodily injury to a human being as a result of driving under intoxicating influence
• Fourth and fifth convictions which are classified as a fourth-degree felony (NMSA 1978 Section 31-18-15).

What Happens If You Get a 2nd DWI in New Mexico

The following are implications of getting a second DWI conviction in New Mexico:

• $500-$1000 fine
• 48 hours of community service
• 4-364 days jail term (minimum of 4 days if aggravated)
• One to five years supervised probation
• Two years ignition interlock device
• Revocation of New Mexico driver's license (or privilege to drive in the state) for two years.

How Long Does a Second DWI Stay On Your Record in New Mexico?

In New Mexico, the duration for which a DWI stays on a person's records depends on the date the citation was issued:

• 1953 through June 30, 1961: 5 years
• July 1, 1961 through June 30, 1969: lifetime
• July 1, 1969 through June 30, 1975: 5 years
• July 1, 1975 through June 30, 1990: lifetime
• July 1, 1990 through June 16, 2005: 25 years
• June 17, 2005 through present: 55 years

How Much Does a Second DWI Cost in New Mexico

Per New Mexico DWI laws, the fine for a second DWI conviction is $500. Note that this amount does not include the court fees, administrative costs, and costs of treatment programs or court-ordered screenings, which the court may order an offender to pay. Furthermore, the fine amount may be up to $1000 if aggravating factors exist.

Chances of Going to Jail for a Second DWI in New Mexico

Persons convicted of a second DWI offense in New Mexico are liable to a jail term of not less than 72 hours (three days) and not less than 96 hours (four days) if aggravated. The jail term is usually accompanied by 48 hours of community service. Depending on other factors like the severity of the offense (presence of aggravating factors) and the lookback period (the amount of time that has elapsed since a previous DWI conviction), a person may be awarded a jail term up to 364 days.

Driver's License Suspension for a Second DWI in New Mexico

In New Mexico, the license revocation period for second DWI offenses depends on the kind of license an offender possesses, if the offender violated the Implied Consent Act, or if they were convicted of a DWI offense by a court (Section 66-8-102 NMSA 1978):

• One year for failing or refusing a chemical test (under the ICA)
• Two years for DWI conviction (in court)
• Lifetime revocation for offenders with a commercial driver's license, whether or not they were operating a commercial vehicle at the time of the arrest.

Ignition Interlock Device Requirement

An ignition interlock device (IID) prevents a vehicle's engine from starting if alcohol is detected on the driver's breath. A second DWI offender in New Mexico must obtain an ignition interlock license and have the interlock device installed on all motor vehicles that they shall be driving for two years. Unless determined by the bureau to be indigent, an offender must pay all costs associated with installing and maintaining the device(s).

DWI School and Substance Abuse Treatment

A DWI School is a mandatory (varies by county) program that must be completed by all DWI offenders in New Mexico. The DWI School is a driver rehabilitation program for alcohol and drugs and costs up to $150. As the court shall determine necessary, an offender may be required to participate in other rehabilitative, treatment, or screening programs, failure of which may result in an extended jail term or any other consequence, as the court shall deem appropriate.

Probation Conditions

The probation period for a second DWI in New Mexico ranges between one and five years. Implications of a DWI probation may include regular meet-ups with a probation officer, abstaining from alcohol, compliance with court-ordered treatment and rehabilitation programs, community service, and travel restrictions.

Community Service Requirements

Second DWI offenders in New Mexico must undergo community service of not more than 48 hours. This sentencing option aims to rehabilitate and also punish offenders in a way that directly benefits the community. Community services may include working for non-profit organizations and government agencies.

Impact on Auto Insurance

A second DWI on a person's record in New Mexico poses a significant threat on an offender's auto insurance premiums, as insurance companies consider such persons high-risk drivers. While there is no SR-22 filing requirement for second DWI offenders, a minimum liability insurance of $25,000 is mandatory.

Which Courts Handle DWI Cases in New Mexico?

Under New Mexico law, first, second, and third DWI offenses are misdemeanors concurrently handled by magistrate and district courts in the jurisdiction where the offense was committed. Felony DWIs (i.e. fourth and greater DWI convictions) are handled only by district courts. The following are the names, addresses, and contact information of courts that handle DWI trials in 5 central New Mexico counties, including the state capital, Santa Fe:

Bernalillo County District Court – Downtown
400 Lomas Boulevard NW
Albuquerque, NM 87102
Phone: (505) 841-8400

Santa Fe County District Courthouse
225 Montezuma Avenue
Santa Fe, NM 87501
Phone: (505) 455-8250
Fax: (505) 455-8280

Sandoval County District Court
1500 Idalia Road, Building A
Bernalillo, NM 87004
Phone: (505) 867-2376

Valencia County District Court
1835 Highway 314 SW
Los Lunas, NM 87031
Phone: (505) 865-2400

Otero County District Court
1000 New York Avenue
Alamogordo, NM 88310
Phone: (575) 437-7310
Fax: (575) 812-5090

Aside from the judicial court hearing handled by the magistrate and district courts, DWIs also pass through an administrative hearing. The former is governed by statute 66-8-102 NMSA, while the latter is governed by the Implied Consent Act under NMSA 1978 statutes 66-8-105 through 66-8-112. Administrative hearings handle actions related to the revocation of an offender's driver's license and ignition interlock device, and are overseen by the New Mexico Motor Vehicles Division (MVD). For inquiries about license hearings, contact the MVD at any of the office locations below:

New Mexico MVD — Santa Fe
2546 Camino Entrada
Santa Fe, New Mexico 87507
Phone: (505) 476-1599

New Mexico MVD — Taos
1038 S. Salazar Road # B
Taos, New Mexico 87571
Phone: (575) 758-4226

New Mexico MVD — Socorro
206 Manzanares Avenue
Socorro, New Mexico 87801
Phone: (575) 835-0768

New Mexico MVD — Los Alamos
997 Central Avenue
Los Alamos, New Mexico 87544
Phone: (505) 662-4243

New Mexico MVD — Clayton
834 Main Street
Clayton, New Mexico 88415
Phone: (575) 374-9502

Can You Get a DWI on a Horse in New Mexico?

No. New Mexico DWI laws specifically apply to motor vehicles. While an intoxicated horseback rider or operator of a horse-drawn vehicle may not be charged with a DWI, they may face other charges (71 A.L.R.4th 1129).