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New Mexico Drunk Driving Laws

New Mexico Drunk DrivingDriving while under the influence of intoxicating liquor or drugs may be charged as either a misdemeanor or felony depending on previous convictions and additional circumstances surrounding the allegations. Below is a basic description of New Mexico’s driving laws (you should always consult an experienced DUI lawyer to understand how these laws apply to your unique situation):


An individual may be charged with DWI for driving with a blood alcohol concentration (BAC) of 0.08 or higher (0.04 for commercial drivers). An individual may also be charged with a DWI in New Mexico if their driving ability is impaired by any amount of alcohol or drug—prescription or other—even if their BAC is below the legal limit.

Aggravated DWI

An individual may be charged with aggravated DWI for operating a vehicle with a BAC of 0.16 or higher, have caused bodily injury to anyone, including themselves, as a result of impaired driving, or for refusal to submit to chemical testing after arrest and upon request of the arresting officer.

Underage DWI

A driver under the age of 21 may be charged with DWI if their BAC is 0.02 or higher, or if their driving is impaired by any amount of alcohol or drugs.

A DWI conviction carries with it serious consequences, including: jail, fines, community service, completion of a court-approved alcohol or drug abuse screening program, driver’s license revocation and a requirement to have ignition interlock devices installed in your vehicles (at your expense). In some cases, you may also be required to participate in and complete a treatment program or substance abuse counseling.

If you have been accused of drunk driving, contact attorney Dan Baca as soon as possible. With over 20 years of experience as a DWI/DUI attorney, Dan Baca will carefully evaluate the evidence against you, help you understand the charges you face and develop an aggressive DWI defense on your behalf. He is committed to protecting your rights and fighting for the best possible outcome to your case.

Contact Albuquerque DWI/DUI attorney Dan Baca today to learn how he can help you develop a strong DWI defense.

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