New Mexico DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in New Mexico: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in New Mexico, consult a licensed New Mexico criminal defense attorney.

New Mexico DUI / DWI Penalties

OffensePenalty
First Offense24 hours–90 days jail, $500–$1,000 fine, 1-year revocation
Second Offense96 hours–364 days, $500–$1,000 fine, 2-year revocation

New Mexico requires ignition interlock for all DWI convictions

DUI / DWI Statute of Limitations in New Mexico

In New Mexico, the general statute of limitations for a felony is 3 years and for a misdemeanor is 2 years.

See all New Mexico statutes of limitations →

Defending Against DUI / DWI Charges in New Mexico

Common defenses in New Mexico dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a New Mexico criminal defense attorney for advice.

Related New Mexico Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication