« New Mexico DUI Penalties

February 18, 2010

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Implied consent laws are the laws, which requires suspected DUI drivers to concede to breath, blood or urine test for blood alcohol concentration. Refusal to that can result you penalties such as mandatory suspension of driving license for up to a year.

Blood Alcohol Concentration (BAC)

If any person will be driving the motor vehicle with blood alcohol concentration above 0.08 percent in New Mexico will be considered “per se intoxicated” under the law. Under this act, that is all, which is needed for a driver to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

Zero Tolerance Blood Alcohol Concentration

Zero tolerance laws in all states mainly focus on drivers not of legal drinking age. The drivers under 21 years of age operating any motor vehicle with blood alcohol concentration 0.02 percent or above will be subject to DUI penalties in New Mexico.

Enhanced Penalty Blood Alcohol Concentration

Number of states are having strict punishments for DUI offenders that are having high blood alcohol level at the time of arrest, that is usually .15 to .20 percent above the legal limit. These laws are not valid in New Mexico.

Administrative License Suspension/Revocation Penalties

Administrative license suspension or revocation penalties are minimum mandatory penalties, which are imposed on drivers that are having blood alcohol level above 0.08 percent or drivers that are subject to implied consent laws if they refuse to submit to breath, blood or urine test for blood alcohol concentration.

These penalties include license suspension or revocation (permanently or temporarily) by the Department of Motor Vehicles (DMV). For first DUI Offense in New Mexico the mandatory suspension is for 90 days, for second offense it is for one year and for third offense its up to three years.

Vehicle Confiscation

Vehicle confiscation penalty for DUI offenders is a chance in some states usually for repeat offenders. In New Mexico, this penalty for DUI is not applicable.

Ignition Interlock

Ignition interlock is a device, which is attached with the vehicle of DUI offender so that driver performs a breath test before starting the vehicle. This penalty for DUI can be applicable in some states while in New Mexico it not applicable.

Mandatory Alcohol Education and Assessment/Treatment

Alcohol teaching and prevention, alcohol abuse treatment, and assessment of a person for possible drug or alcohol dependency can be required in New Mexico. Such steps are often suggested instead of severe punishments like imprisonment and paying fines.

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