In New Mexico, a driver cannot operate a vehicle if they have a blood alcohol content (BAC) of .08 or higher. If they do, then they are considered to be driving with the influence (DWI) of alcohol or drugs, even if there is no evidence that their ability to drive is impaired. Furthermore, drivers under the age of 21 have a BAC limit of .02. If the driver has a commercial license and is driving a commercial vehicle, then they are subject to a BAC limit of .04. Refusal to submit to a breath or blood test to determine BAC also leads to a DWI arrest.
A drivers first DWI offense in New Mexico will get them up to 90 days in prison. Their license will be suspended for up to one year, and when that term is over, they have to get an ignition interlock device installed in their vehicle for another 1 year term. The New Mexico courts may also make an offending driver attend DWI education classes, undergo an alcohol evaluation that may lead to treatment, or perform community service. If a driver gets a second DUI in New Mexico, their jail term will last from 96 hours to 364 days, and they will be fined from $500 to $1,000, and their license will be suspended for 2 years. On top of those increased penalties, the other punishments associated with a first offense are still enforced.
DUI / DWI facts and statistics in New Mexico
- In 2017, 12 out of the 120 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 25 out of the 3,283 offenders caught for DUI / DWI were under the age of 18
- In 2018, 12 out of the 108 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 53 out of the 6,464 offenders caught for DUI / DWI were under the age of 18
source: responsibility.org, fbi.gov
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