New Mexico First Offender
You are DWI in New Mexico is your blood alcohol content (BAC) is .08% or higher.
A First Offense for DWI is Punishable With:
Jail:
Up to 90 days in jail. If this first offense is an aggravated DWI, a minimum of 48 hours in jail is mandatory in addition to the other penalties.
License Suspension:
If you tested with a BAC of .08% or higher, you will lose your license for 90 days if you are 21 or older.
Fine/ Fee:
Up to a $500 fine, and about $200 in court costs.
DWI School:
You also may be ordered to attend a first offender program, also called DWI School, and alcohol screening with counseling.
Probation:
Most first offenders get probation, do some community service; attend the victim impact panel, on top of attending DWI school.
Test Refusal:
If you refuse to take a breath or blood test as requested by the officer, you may lose your license for one year and you cannot get a work permit or a limited license.
Under 21:
If you are under 21, then you will lose your license for six months with a 0.02 or higher alcohol level, as well as face criminal penalties. If you are found guilty and it is your first conviction, you could be fined up to $500 plus court costs. You could be sentenced up to 90 days in jail and your license could be revoked for up to one year.
Insurance
Your insurance costs will probably increase considerably, perhaps for your entire family. Your insurance carrier may drop you, forcing you to find more expensive coverage. If you have to drive for your job, your employer's insurance rates may go up as well.
More Severe Consequences
More severe criminal actions are taken for DUI with a passenger under the age of 16 years, and DUI with an injury or a fatal crash.
New Mexico Immediate License Suspension
Your stopped for driving while intoxicated and your license is taken.
If you fail to timely request a revocation hearing or you forget to send the mandatory $25 hearing fee, you will automatically lose your privilege to drive for 20 days from the day of your arrest .
You have ten days from the day of arrest to request a hearing on whether your license should be revoked (if you had a license) or your privilege to drive in the state of New Mexico is going to be revoked.
If you have never been revoked before in New Mexico, the Revocation period will be for 90 days. If you have been revoked before, then your Revocation period will be for one year.
First Offense
If your license is revoked because you failed to request a hearing, that Revocation begins 20 days after your arrest, for 90 days. After the first 30 days of being revoked, you may apply to MVD for a temporary license.
You must show proof of having either completed or have enrolled in DWI school, and completed or enrolled in a alcohol screening. Your temporary license will be valid until the end of your revocation period (usually for 60 days). Then you can pay a reinstatement fee and get your license or priviledge to drive reinstated.
If you did request a hearing within 10 days, then your "Notice of Revocation" is your temporary license until your hearing is held. If you win that hearing, then you can regain your license. If you lose your Revocation hearing, then you will be revoked for 90 days, starting either the day of the Revocation or within two weeks of your Revocation hearing.
