DUI Information for New Mexico
In the state of New Mexico, it is illegal to drive under the influence of alcohol or drugs. Any person who is 21 years or older and has a breath or blood alcohol concentration (BAC) or .08% or higher can be convicted of a DUI and is punishable by New Mexico state law.
New Mexico DUI Laws – statute(s)
- M. S. A. § 66-8-102.
New Mexico DUI Laws – standard
- “It is unlawful for a person who is under the influence of any drug to a degree that renders the person incapable of safely driving a vehicle to drive a vehicle within this state.” N. M. S. A. § 66-8-102(B).
New Mexico DUI Laws – applicable substances
- Any drug.
New Mexico DUI Laws – affirmative defense
New Mexico Per se – statute(s)
New Mexico Per se – standard
- N/A
New Mexico Per se – applicable substances
- N/A
New Mexico Per se – affirmative defense(s)
- N/A
New Mexico Implied consent – applicable drivers
- Any person who operates a motor vehicle within New Mexico. N. M. S. A. § 66-8-107.
New Mexico Implied consent – tests authorized
- Chemical tests of breath, blood or both. N. M. S. A. § 66-8-107.
New Mexico Implied consent – basis for test
- Driver must be arrested for an offense arising out of the acts alleged to have been committed while the person was driving under the influence and LEO must have “reasonable grounds to believe” the driver was operating the vehicle while under the influence. N. M. S. A. § 66-8-107(A)-(B).
- LEO may seek warrant to compel test if LEO provides affidavit that there is “probable cause to believe” that the person operated a motor vehicle while under the influence and either: (1) caused the death or great bodily injury of another person; or (2) committed a felony while under the influence. N. M. S. A. § 66-8-111(A).