Driving While IntoxicatedNew Mexico MVD DWI New MexicoMotor Vehicle Division DRIVING WHILE INTOXICATED If you are between the ages of 15 and 34, you are more likely to die in an alcohol-related crash than any other single cause. Although tougher laws and greater enforcement has resulted in a drop in DWI deaths over the last 10 years, New Mexico's rate of impaired driving deaths still tops the list nationally. To continue reducing DWI related deaths, the state's Traffic Safety Bureau has launched a statewide program of sobriety checkpoints called Operation DWI. Checkpoints are conducted in every community across the state, especially during dangerous holiday weekends. At checkpoints,police officers stop and observe drivers for signs of impairment under court-ordered rules that ensure fairness. Drivers who appear to be impaired by alcohol or drugs are pulled over for further testing. For sober drivers, the interruption is usually minimal. 1. ALCOHOL In New Mexico it is illegal to drive with a breath alcohol concentration of .08 or more if you're 21 or over, or .02 if you're under 21. Consumption or possession of alcohol by persons under the age of 21 is illegal in New Mexico. These alcohol concentrations are measured by a machine that analyzes the amount of alcohol expelled in the breath. If your breath test is at or above the legal limit, or if you refuse to take the breath test, you will lose your license, in most cases for a year. You can be convicted of DWI even if the breath test is below the legal limit if it is proven that your ability to drive was impaired to the slightest degree by drugs or alcohol. You should therefore avoid driving with any amount of alcohol or other drugs in your system. Alcohol quickly affects judgment, vision, concentration, speech and balance. Everyone metabolizes alcohol differently. It is difficult to predict how many drinks will put you at or over the legal limit. Cold showers, exercise, fresh air or coffee will not sober you up. Time is the only answer. The best plan is to designate someone who is not drinking to be the driver, or make other plans before you start to drink about how you will get home. OTHER DRUGSIt is illegal to drive while under the influence of any drug, whether it is an illegal drug or a prescription, drug. Some prescription medicines cause drowsiness or disorientation, and should not be used while driving. It is not a defense to the charge of DWI that the drug you were using was prescribed by a doctor. CRIMINAL PENALTIES New Mexico has some of the strictest penalties for impaired driving in the country, for the reason that it has one of the country's worst DWI problems. In 1993 the state legislature sent a message to New Mexicans by increasing the severity of the state's anti-DWI laws and passing laws that have new mandatory penalties. These penalties include going to jail (up to a year and a half), paying fines (as much as $5,000), paying court fees, having to work mandatory community service of up to 48 hours, getting your license revoked for a year, and license reinstatement fees. It now costs $100 just to get your license back after it has been revoked for DWI. Repeat offenses carry a mandatory jail sentence of up to six months and a mandatory fine of up to $750, neither of which can be suspended. Judges are required to sentence DWI offenders to undergo a psychological evaluation to determine if they have a drinking or drug problem. Offenders that do have such a problem can be ordered into expensive and time-consuming treatment for drug or alcohol abuse. A fourth or subsequent DWI conviction is now a felony in New Mexico. A felony conviction follows you for the rest of your life, affecting your right to vote, to adopt children, to own a gun, to be employed at certain jobs, to travel to other countries and in other ways which you can't predict. You can also go to jail for up to 60 days just for refusing to take the breath test, or if your breath test is at .16 or higher (this is twice the legal limit) or if you cause bodily injury to a person while DWI. This crime is called Aggravated DWI. If you are convicted of aggravated DWI, there is a mandatory jail sentence of between 48 hours and 60 days, depending on if it is a first offense or a subsequent offense. This sentence cannot be suspended by a judge. 2. OTHER PENALTIES: ADMINISTRATIVE LICENSE REVOCATION The police officer who arrests you for DWI will confiscate your license on the spot if your breath test is above the legal limit, or if you have refused to take the test. The police officer takes away your license and notifies the Motor Vehicle Division which then revokes it for up to one year. This action is called administrative revocation and is completely separate from anything that happens when you go to court for DWI. If you are convicted in court, your license will also be revoked in a separate court action. When your license is confiscated by the police officer you have 20 days before the revocation takes effect. If you want to protest the revocation, you must request an administrative hearing within 10 days of arrest. The request must be in writing and accompanied by a $25 hearing fee, or a sworn statement of indigency. The hearing will in most cases take place within 90 days. The issues that will be discussed in your hearing are very limited. These issues are: 1) that the officer had reasonable grounds to stop you; 2) that you were arrested; 3) that the hearing was held within 90 days of your notice of revocation; 4) if you refused the test, that the police officer notified you that you would lose your license; and 5) if you took the breath test, it was properly given to you and you tested at or above the legal limit. The only exception to the one year revocation of your license is if you have never been revoked for DWI before and didn't refuse to take the breath test. If the test is taken and you show a .08 percent or above blood alcohol level, your license will be revoked for a period of 90 days if you are 21 years old or older. If you are under 21 and the test result is .02 percent or above, your license will be revoked for six months for a first offense. On a first offense only, you can get a limited license after 30 days. A limited license allows you to drive only to school or work and back. In order to get a limited license, you must first register with an approved DWI school as well as a program to determine if you have a problem with alcohol or other drugs. You have to show proof of insurance to get the limited license and pay $45. Your regular driving privileges can be restored in 60 days (21 or over) or 5 months (under 21). If you have been convicted of DWI before, or if you refused to take the breath test, you are not eligible for a limited license under any circumstances, including personal or family hardship. Once your license is revoked, it stays revoked until you reinstate it. The penalties for driving while revoked are severe. You can be sentenced to jail for up to a year (mandatory jail seven days) and can be fined up to $1,000 (mandatory fine $300). Your car can also be "booted" or immobilized for 30 days so you can't drive it. MOTOR VEHICLE DIVISION NEW MEXICO TAXATION AND REVENUE DEPARTMENT JOSEPH M. MONTOYA BUILDING P.O. BOX 1028 SANTA FE, NEW MEXICO 87504 Most offices in larger municipalities are open during normal business hours, Monday through Friday, except holidays. Some offices offer extended business hours. Please call for exact hours and services available. Phone number and location of your local field office
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DUI / DWI, Drinking 
