DWI Laws


New Mexico DWI Law


  • Pursuant to New Mexico state law, a person who drives while under the influence may be guilty of DWI/ DUI.

  • This means driving while “under the influence of intoxicating liquor” [or] “under the influence of any drug to a degree that renders him or her incapable of safely driving a vehicle”.


Blood Alcohol Content (B.A.C)

(1)  a person who has an alcohol concentration of 0.08 or more in his/her blood or breath (per se) within 3 hours (“three”) of driving;



(2) 0.04 or more in his/her blood or breath to drive a commercial motor vehicle (per se) within three hours of driving;


When Does a DWI Become “Aggravated”?



  • (1) 0.16 or more in blood or breath (per se);
  • (2) caused bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence;
  •  (3) refused to submit to chemical testing, as provided for in the Implied Consent Act, and in the judgment of the Court, based upon evidence of intoxication presented to the Court, was under the influence of intoxicating liquor or drugs. as a result of drinking liquor the defendant was less able to the slightest degree, either mentally or physically, or both, to exercise the clear judgment and steady hand necessary to handle a vehicle with safety to the person and the public.