Best DUI Lawyers Albuquerque, NM Of 2024 – Forbes Advisor – Technologist

The following sections break down New Mexico’s DUI laws and procedures so you know exactly what to expect from the initial arrest to the kinds of penalties you could face if convicted.

Legal Blood Alcohol Concentration (BAC) in New Mexico

In the state of New Mexico, drivers over the age of 21 are not allowed to operate a vehicle with a blood alcohol concentration (BAC) of 0.08 or higher. Drivers under 21 have a legal limit of 0.02, and commercial drivers have a limit of 0.04 BAC. It’s critical to remember that even if your BAC is under the legal limit, you can still be charged with a DUI if it can be proved the alcohol in your system impaired your ability to drive.

If the DUI case involved the injury of another person, or if the driver had a BAC of 0.16 or higher, they will be charged with aggravated DUI—this comes with stricter penalties. An aggravated DUI has a mandatory jail time increase of 48 hours for a first offense, 96 hours for a second offense and 60 days for a third offense.

Implied Consent Laws in New Mexico

New Mexico has strict implied consent laws, meaning that any person who drives a vehicle has been deemed to have consented to a breathalyzer or blood test to determine their blood alcohol level. These laws only apply if the police officer has reasonable grounds to believe the driver is under the effects of drugs or alcohol.

If a driver refuses a BAC test, their license can be revoked, regardless of whether they are convicted of a DUI or not. Even if a driver has no prior offenses on their record and refuses a test, they will lose their license for one year.

DUI Penalties in New Mexico

The penalties you incur for a DUI in New Mexico largely depend upon how many prior offenses you have, as in other states. New Mexico’s DUI penalties are unique in that any prior conviction is taken into account—no matter how long ago it occurred.

The jail time and fines associated with the first three offenses of a DUI are not as severe as the fourth, for good reason. The first DUI convictions are considered only misdemeanors, whereas the fourth and up are considered felonies.

In addition to the chart above, offenders are put on probation for specific periods depending on the prior amount of convictions:

• First offense: up to one-year probation
• Second, third and fourth offenses: up to five years probation

Another penalty to be aware of is the use of ignition interlock devices (IIDs) for all DUI offenders, regardless of prior convictions. IIDs require the user to use a breathalyzer linked to their vehicle’s starter—only if the blow with no alcohol on their breath can the vehicle be started. Offenders are also given an IID license while they are under these requirements. First offenders must have an IID for one year, with each following conviction increasing the requirement by one year. The fourth offense requires the use of an IID for three years.

What to Expect After a DUI Arrest in New Mexico

After an officer pulls you over and confirms you may be driving under the influence of alcohol or another substance, either through the use of a breathalyzer or signs of intoxication, they will arrest you. Once arrested, you will be taken to a police station, where the staff will take your fingerprints and other personal information. You may or may not be released from the police after this process, depending on the seriousness of your offense and the circumstances surrounding it (e.g., if someone was injured).

If your license was confiscated as part of the arrest process, the officer will notify the New Mexico Motor Vehicle Department (MVD), and your license will be revoked for a minimum of six months, depending on whether this is your first offense. You can request an administrative hearing regarding your license revocation within 10 days. Otherwise, your license will be revoked 20 days after your arrest. A driver with a revoked license may be eligible for an ignition interlock device (IID) rather than having their license suspended, so long as they did not refuse blood alcohol testing.