DWI Information

Generally, New Mexico law doesn’t allow anyone to drive if they’ve used any substance such as alcohol or drugs. The state has set the following restrictions for the amount of drink used per person:
  • So, if you are 21 or older, you are allowed to use up to .08.
  • If you’re under 21, you are allowed to use up to .04 while conducting your car.
In all other cases, operating a vehicle is illegal. In case you conduct an automobile under the influence of spirits or refuse to take breath testing, you may face forfeitures and fines. In some situations, you may even lose your permit. People who conduct a vehicle after drinking face severe penalties, increased insurance premiums, suspension, and jail time.

Drinking under alcohol influence is illegal

Alcohol is involved in around 40% of fatal road accidents. Some drinks can contain more alcohol even if it is not specified on the package. If noticing any difficulties while operating a car, it’s a better idea to designate a non-drinking person or make other plans for how you will get home.
Actually, driving under the influence of any drug or substance that causes concentration difficulties is illegal. It impairs your reflexes, judgment, eyesight, and awareness.
That’s why it’s highly recommended to check the labels of drinks and drugs before taking them. If you notice any concentration difficulties after taking a pill or drinking something, do not risk your and others’ life.

State Law

If the officer caught you driving under the influence for the first time, they will record it and you should pay fines. If they find the situation severe, you can even be carried to jail.
After recording the penalty, the officer prescribes you a therapy requirement and you will have an interlock device attached to your car. The officer also has the right to revoke your permission and New Mexico License Plates for a while.
If repeated, the officer has the right to arrest you and you may face increased jail time and a longer license suspension.
For the following 55 years, you will have a conviction recorded on your documents.

Driver’s License Revocation

If ever police arrest you for DWI, they may confiscate your ownership. They have the right to arrest you and direct you to the police station in the following cases:
  • your breath test results show you’ve reached and passed the limits set by the MVD
  • in case you refuse to check the alcohol amount with the help of a breath examination.
So, the law authorities, the policemen, have the right to suspend your driver’s ID and alert the MVD. The MVD can revoke your driver’s ID for up to a year. This action is known as an Implied Consent or administrative revocation, and it is completely independent of anything that occurs when you appear in court.
In addition, if the court has found you guilty, they withdraw your permit in a separate proceeding.

Should I go to court if I believe I am not guilty?

You are free to apply to court if you think you have not been guilty in the situation and you mustn’t pay any penalties. You can ask for a hearing session and avoid the withdrawal.
When a policeman seizes your license, they give you up to 20 days before the permit cancellation takes effect. You must request an administrative hearing within 10 days of your arrest if you want to contest the revocation.
You can apply for voter registration in any office. To get an ID card or driver’s ID you should just sign visit the local office, fill in the application form and sign the documents.
The request should be submitted in written form. You have to make a payment of $25 for a hearing or get an affidavit. The hearing process lasts up to three months.
The only possible exception for the withdrawal is the fact that you have never had administrative withdrawal for DWI before or you took the examination.
If your permit has been suspended due to a DWI, you will be unable to obtain any type of permission except an ignition interlock. The penalty for conducting a car while your permit is withdrawn is harsh.
You may be sent to prison for up to 365 days or have to pay fines of up to $1000.
Your car might potentially be "booted" or immobilized for 30 days, and you the officer has the right to suspend your current New Mexico license plate.