New Mexico Drunk Driving Law

Here are highlights from New Mexico law on driving under the influence (NMS 66-8-102). Click on the links for further explanation of the legal terms associated with drunk driving in New Mexico.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .16

Implied Consent Law: Yes

License Suspension 1st Offense: 90 days

License Suspension 2nd Offense: Varies

License Suspension 3rd Offense: Varies

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: After 2nd offense

Possible Vehicle Confiscation: No

Hardship License while license suspended: After 30 days

Open Container Law: For driver and passenger

These are highlights of the main provisions of New Mexico law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in New Mexico, contact an attorney in your area to determine you rights and responsibilities.

Source: NMS 66-8-102