New Mexico Implied consent – evidence of refusal
- Evidence of a defendant’s refusal to take a breath alcohol test is admissible at trial. McKay v. Davis, 99 N.M. 29, 653 P.2d 860 (1982).
New Mexico Implied consent – administrative / civil penalty for refusal
- Driver’s license revoked for one year, or until all requirements for reinstatement are completed, whichever is later. N. M. S. A. § 66-8-111(B).
New Mexico Implied consent – criminal penalty for refusal
- Refusal to submit to chemical testing, where the court finds that driver was under the influence of intoxicating drugs, results in an aggravating charge, potentially increasing criminal penalties. N. M. S. A. § 66-8-102(D)(3).
New Mexico DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction driver’s license revoked for one year; use of IID for one year.
- Second conviction driver’s license revoked for two years; use of IID for two years.
- Third conviction driver’s license revoked for three years; use of IID for three years.
- Fourth or subsequent conviction driver’s license revoked for life; use of IID indefinitely (offender may apply for removal every five years). N. M. S. A. § 66-8-102(O), (P).
New Mexico DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction jail sentence up to 90 days; fine up to $500 (likely $300); minimum 24 hours community service.
- Second conviction jail sentence of 96 hours to one year; fine of $500-$1,000; minimum 48 hours community service.
- Third conviction jail sentence of 30 days to one year; fine of $750-$1,000; at least 96 hours community service.
- Fourth conviction fourth-degree felony; jail sentence of 18 months; fine up to $5,000.
- Fifth conviction fourth-degree felony; jail sentence of two years; fine up to $5,000.
- Sixth conviction third degree felony; jail sentence of 30 months; fine up to $5,000.
- Seventh conviction third degree felony; jail sentence of three years; fine up to $5,000.
- Eighth or subsequent conviction second-degree felony; jail sentence of 12 years; fine up to $5,000. N. M. S. A. § 66-8-102(F)-(K).
It is an aggravating factor to cause bodily injury while committing a violation. N. M. S. A. § 66-8-102(D)(2).
Child endangerment
- It is an aggravating factor to cause bodily injury to a pregnant woman while committing a violation. N. M. S. A.§ 66-8-101.1(C).
New Mexico Driver’s License Revocation Periods
Your driver’s license can be revoked for both a violation of the Implied Consent Act and a DWI conviction through a criminal court. The revocation periods are as follows:
Implied Consent* – Over 21 years of age (at or above 0.08%)
- 1st Offense – 6 months for failing a chemical test
- 1st Offense – One year for refusing a chemical test
- 2nd or Subsequent Offense – One year for failing or refusing a chemical test
Implied Consent* – Under 21 years of age (at or above 0.02%)
1st and subsequent – One year for failing or refusing a chemical test
Criminal Conviction of DWI in Court
- 1st Offense – One Year
- 2nd Offense – Two Years
- 3rd Offense – Three Years
- 4th or Subsequent Offense – Lifetime
Arrest or Criminal Conviction for a DWI
– Those with a commercial driver license arrested or convicted of a DWI, whether or not operating a commercial vehicle:
- 1st Offense – One year disqualification
- 2nd Offense – Lifetime disqualification
*Implied Consent
Refusal to submit to a breath/ blood test; failure of breath/ blood test, or blood alcohol content (BAC) at or above .08 (or BAC at or above .02 for persons less than 21 years of age, or at or above .04 for person driving a commercial motor vehicle).
