What are the penalties for a DWI conviction in New Mexico? New Mexico law lays out quite specific and increasingly powerful consequences for DWI conviction. The penalties accelerate in severity depending on how many prior DWI convictions you have. The punishment can be enhanced if the present case is proven to be “aggravated.” The first three DWI convictions a person receives are misdemeanors. A fourth conviction and onward can be felonies and thus carry a whole other level of gravity. However, even if they are “just” misdemeanors, DWI convictions have very serious and stiff consequences.
DWI First Offense
A DWI 1st Offense carries a maximum of 90 days of incarceration, a fine of up to $500, revocation of your driver’s license which requires obtaining an ignition interlock license for 1 year with an ignition interlock device in every vehicle driven during that time up to and typically 1 year of probation, 24 hours of community service, participation in the DWI School, the Victim Impact Panel, and completing a substance abuse screening and follow all recommended treatment by probation.
Often, people will hear about the “First Offenders Program” for DWI. That is a plea deal or sentence imposed by the judge which includes all of those punishments but holds the jail time off on the condition of completing probation which will include alcohol and drug testing, monitoring of the completion of those programs. Failure can lead to the imposition of all of the 90 days in jail. The “First Offenders Program” is often the standard and minimum amount of punishment a prosecutor will want to agree to in a DWI case.
If the DWI 1st offense is judged to be aggravated, you must serve 48 consecutive hours in jail on top of everything else.
DWI Second Offense
A DWI 2nd Offense raises the maximum penalty to 364 days in jail. For a second conviction, there is also a mandatory minimum jail sentence of 96 consecutive hours. An ignition interlock license is required for 2 years with an ignition interlock device in every vehicle driven during that time. There is a possible fine of $1000 with $500 mandatory. The judge can impose up to 5 years on probation, you must complete 48 hours community service, a substance abuse screening, and follow all recommended treatment including a 28 day in-patient or a 90 day out-patient substance abuse treatment program, or complete a “drug court” program.
An aggravated DWI 2nd will also require at minimum another 4 days in jail.
DWI Third Offense
A DWI 3rd Offense carries Up to 364 days with 30 consecutive days mandatory, an ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time, up to a $1,000 fine, $750 mandatory, up to 5 years on probation, this along with all the other aspects of the Second Offense.
An aggravated DWI 3rd offense will result in a mandatory minimum of 90 days in jail!
As you can see, the amount of punishment associated with DWIs sharply increases with each subsequent conviction. Jail time in combination with a long period of license revocation and probation can be a very powerful and life-changing punishment.
Collateral Consequences
In addition to the direct criminal consequences, other aspects of your life can be hurt.
- On average, car insurance premiums for full coverage increase by about 70% after a DWI conviction, with the company declaring the insured “high risk.” Possibly, the insurance company may just cancel the policy together or refuse to renew.
- Obviously, if a person drives as part of their employment duties, the conviction might prevent the employment. A DWI conviction also endangers many professional licenses too.
- Finally, if a person convicted of DWI is not a US citizen, there can be extremely important and serious immigration consequences.