New Mexico Requirements
New Mexico has strict drunk driving laws, and drivers caught for driving while intoxicated (DWI) risk both civil and financial penalties. This guide will explain the IID process in New Mexico.
DEVICES AVAILABLE - If you need to install a device to meet your state requirements, we can help. Contact us today to schedule an installation appointment.
The NM Ignition Interlock Program
The legal blood alcohol content (BAC) in New Mexico is .08 percent. Drivers found to be at or above this legal limit risk a variety of penalties including monetary fines, mandatory alcohol education, and license suspension. Some offenders may be able to regain driving privileges if they install an ignition interlock device (IID) and obtain an ignition interlock license.Even a first-time DWI offender risks a license suspension of 90 days to one year. With the New Mexico ignition interlock program, eligible offenders can regain driving privileges if they install an IID in all vehicles they drive. The IID will require testing before each trip and test results are reported back to the state’s monitoring authority.
What Happens if I Get a DWI in New Mexico?
First DWI Offense
- Up to 90 days jail time
- Fines up to $500
- Probation sentence of up to one year
- 24 hours community service required
- Required to attend DWI school and Victim Impact Panel
- Must complete a substance abuse screening and follow recommended treatment
- Ignition interlock license required for one year, IID must be installed in any vehicle offender drives
Second DWI Offense
- 96 hours to 364 days in jail
- $500 to $1,000 in fines
- Probation sentence of up to five years
- 48 hours community service required
- Must complete a substance abuse screening and follow all recommended treatment
- Complete a 28-day inpatient or 90-day outpatient substance abuse treatment program, or drug court program
- Ignition interlock license required for two years, IID must be installed in any vehicle offender drives
Third DWI Offense
- 30 days to 364 days in jail
- $750 to $1,000 in fines
- Probation sentence of up to five years
- 96 hours of community service
- Complete a substance abuse screening and follow the recommended treatment plan
- Complete a 28-day inpatient or 90-day outpatient substance abuse treatment program, or drug court program
- Ignition interlock license required for three years, IID must be installed in any vehicle offender drives
What Happens if I Fail to Complete or Refuse to Submit to a DWI Test in New Mexico?
There are consequences for any offender who refuses to take a test because New Mexico has implied consent laws. For those over 21, a first offense and refusal to take the chemical test can result in their driver’s license being revoked for one year (six months if they fail the test). For subsequent offenses, the driver’s license can be revoked for an additional year. For those under 21, the penalty is one year for failing or refusing to take a chemical test.
How Do I Regain Driving Privileges in New Mexico?
Some offenders may be able to start driving during their license revocation period if they install an ignition interlock device, and meet the following criteria:
- Complete and submit a notarized Ignition Interlock Affidavit (MVD-10456).
- Install an IID from a trusted provider like Intoxalock
- Show proof of interlock installation and insurance coverage
- Serve necessary jail time
- Complete treatment program and community service
- Apply for a new license with the MVD
- Comply with all IID requirements throughout the revocation period
Additional requirements may apply depending on the circumstances of the drunk driving incident.
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The Process: What to Expect
1. Consult with Legal Counsel
2. Get an Assessment
3. Obtain proof of SR-22 insurance
4. Schedule interlock install
5. Regular monitoring
6. Device removal
Interlock Cost in New Mexico
Find an Install Location Near You
Expert DWI Attorneys in New Mexico
Aaron Boland Law
Santa Fe, NM 87501
Andrew P. Ortiz, P.C.
Albuquerque, NM 87102
Arlon L. Stoker, Attorney At Law
Farmington, NM 87402
Federal Public Defender District of New Mexico
Alburquerque, NM 87102
New Mexico FAQs
Yes, financial assistance is available to those authorized to receive it by the Traffic Safety Board.
Visit the New Mexico locations page to review all locations in New Mexico.
To see how an ignition interlock device works, visit our ignition interlock page and watch our video demonstrating how to use the device.
Costs may vary depending on your vehicle and chosen provider. Intoxalock customers will pay $61.99 to $100 deposit, and a $29.99 setup fee. The monthly lease fee is $49.99 to $69.99.
New Mexico requires nearly all convicted DUI offenders to install an ignition interlock device in order to regain driving privileges. The device must come from an approved interlock provider.
Check the New Mexico state page for all DUI penalties
Once you select a provider and have received confirmation from the Court or MVD that you are required to install an IID, you can make your installation appointment.
You should bring your removal authorization to your appointment.
You should bring your New Mexico driver’s license or ID card, and proof of appropriate insurance coverage.
An ignition interlock device is a safety net that prevents drunk drivers from endangering themselves and others on the road.
Wait until you have authorization to remove the device from the New Mexico Department of Transportation and/or the court. Then, you can make your appointment with your interlock provider for removal.
To learn more about ignition interlock information, please visit our ignition interlock device page.
Intoxalock has many attorney partners throughout the state of New Mexico with experience in DUI cases.
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The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
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