Chargeable BAC levels
Required BAC to charge DWI = .08
Required BAC to charge DWI for commercial driver = .04
Required BAC to charge DWI for a minor = .02
You are in violation of New Mexico’s DWI laws when you drive a vehicle with a blood or breath alcohol content of .08% or higher, or by driving while impaired due to the influence of drugs or alcohol.
A DWI conviction can have both civil and financial consequences. New Mexico drunk driving criminal court cases can result in punishment that includes jail time, fines, mandatory DWI educational programs, ignition interlock devices, and more. A DWI conviction may result in a driver’s license suspension from 90 days to one year or more.Additional DWI Offense Information
Aggravated DWI occurs when .16 BAC or above, refusal to take breath or blood test, or being involved in a crash that caused bodily injury while DWI
1st offense: in addition to basic sentence, additional 2 days jail.
2nd offense: in addition to basic sentence, additional 4 days jail.
3rd offense: in addition to basic sentence, additional 60 days jail.