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New Mexico has enacted some of the toughest DWI laws in the nation. A complete summary of the state's DWI laws can be found at
http://dwiresourcecenter.org/members/policy/laws.shtml
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1st Offense
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MISDEMEANOR
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- 6 months to 1 year license revocation (1 year if under 21)
- Up to 90 days jail.
- Mandatory: DWI school, alcohol evaluation, ignition interlock for 1 year, community service.
- Other: treatment
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2st Offense
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MISDEMEANOR
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- 2-year license revocation.
- Up to 364 days jail, 96 hours mandatory.
- Up to $1,000 fine, $500 mandatory
- Other mandatory penalties: alcohol evaluation, community service, treatment, ignition interlock for 2 years.
- Other: Up to 5 years probation.
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3rd Offense
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MISDEMEANOR
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- 3-year license revocation.
- Up to 364 days jail, mandatory 30 days.
- Up to $1,000 fine, $750 mandatory .
- Other mandatory penalties: alcohol evaluation, community service, treatment, ignition interlock for 3 years.
- Other: Up to 5 years probation.
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4th Offense
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FELONY 4th DEGREE
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- Lifetime license revocation with 5-year court review.
- Up to 18 months prison, 6 months mandatory.
- Up to $5,000 fine.
- Other mandatory penalties: alcohol evaluation, treatment, lifetime ignition interlock with 5-year court review.
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5th Offense
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FELONY 4th DEGREE
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- Lifetime license revocation with 5-year court review.
- Up to 2 years prison, 1 year mandatory.
- Up to $5,000 fine.
- Other mandatory penalties: alcohol evaluation, treatment, lifetime ignition interlock with 5-year court review.
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6th Offense
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FELONY 3rd DEGREE
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- Lifetime license revocation with 5-year court review.
- Up to 30 months prison, 18 months mandatory.
- Up to $5,000 fine.
- Other mandatory penalties: alcohol evaluation, treatment, lifetime ignition interlock with 5-year court review.
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7th or Subsequent Offense
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FELONY 3rd DEGREE
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- Lifetime license revocation with 5-year court review.
- Up to 3-year prison, 2-year mandatory.
- Up to $5,000 fine.
- Other mandatory penalties: alcohol evaluation, treatment, lifetime ignition interlock with 5-year court review.
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Aggravated DWI
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.16 BAC or above, refusal to take BAC test, or cause bodily injury while DWI |
- 1st offense, mandatory: additional 2 days jail.
- 2nd offense, mandatory: additional 4 days jail.
- 3rd offense, mandatory: additional 60 days jail.
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Driving While Revoked for DWI
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MISDEMEANOR |
- 1-year revocation added to current revocation period.
- Up to one year in jail, 7 days mandatory.
- Up to $1,000 fine; $300 mandatory.
- Other: 30 days immobilization of vehicle driven by offender.
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Selling or Giving Alcohol to a Minor
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FELONY 4th DEGREE |
- To knowingly sell, serve or give alcoholic beverages to a minor, or to permit a minor to consume alcoholic beverages, or to assist a minor to buy alcoholic beverages.
- Does not apply to parents serving their own children in their home, or to an adult spouse of a minor.
- Does not apply to the use of alcohol in religious services.
* Minor here means someone under 21 years of age.
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