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New Mexico DWI Laws & Penalties (2026)

New Mexico requires ignition interlock for ALL DWI offenses, including first offenses. The state uses a 10-year lookback.

DUI attorneys available now in New Mexico
0.08%
BAC Limit
DWI
Term Used
10 yr
Lookback
Yes
Implied Consent
Yes
Expungement

New Mexico DWI Penalties

1st Offense

ClassificationMisdemeanor
Jail TimeUp to 90 days (24 hours mandatory)
FinesUp to $500
License1-year revocation
Mandatory JailYes

2nd Offense

ClassificationMisdemeanor
Jail Time96 hours–364 days
FinesUp to $1,000
License2-year revocation
Felony Threshold4th offense (lifetime)

BAC Limits in New Mexico

0.08%
Standard Driver
0.04%
Commercial Driver
0.02%
Under 21

🔧 Ignition Interlock

Required for all offenses (1 year minimum)

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🛡️ Insurance Requirements

SR-22 required for 3 years

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📜 Expungement

DWI expungement is available in New Mexico. Waiting period: 8 years after completion.

Expungement Guide →

💰 Estimated Total Cost

A first DWI in New Mexico typically costs $10,000-$25,000+ including fines, attorney, classes, IID, and insurance increases.

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DWI Lawyers by City in New Mexico

Find a DWI Attorney in New Mexico

Connect with experienced DWI lawyers in Albuquerque, Las Cruces, Rio Rancho, and across New Mexico.

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Official Sources & References

DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only. Consult a licensed attorney in New Mexico for advice specific to your situation.

New Mexico DWI FAQ

What is the BAC limit in New Mexico?

The legal BAC limit in New Mexico is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.

What are the penalties for a first DWI in New Mexico?

A first DWI in New Mexico is a Misdemeanor. Penalties include Up to 90 days (24 hours mandatory) jail, Up to $500 in fines, and 1-year revocation license suspension.

Is an ignition interlock device required in New Mexico?

Required for all offenses (1 year minimum)

Can a DWI be expunged in New Mexico?

Yes, DWI expungement is available in New Mexico. Waiting period: 8 years after completion.

What is the lookback period for DWI in New Mexico?

New Mexico uses a 10-year lookback period to determine if an offense counts as a repeat offense.

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