What Are the Penalties for a First DWI in New Mexico?

Do you know what the penalties are for a first DWI in New Mexico? An Ignition Interlock Device will likely be a requirement to reinstate your driving privileges. New Mexico is also a “hybrid” state, which means you’ll have an administrative component with the Motor Vehicles Division (MVD) and a judicial component  to your DWI.

If you need an Interlock Device, Smart Start will get you back on the road as a New Mexico-certified Ignition Interlock provider. All you need to do is call (800) 831-3299 or fill out our online form, and we’ll take care of the rest!

But let’s take a few steps back and discuss what you can expect from a first DWI in New Mexico.

First DWI in New Mexico Timeline

First, you should know that upon a DWI arrest in New Mexico, your driver’s license is taken away immediately if you were over the legal limit or if you refused to take the test. Your license revocation will go into effect immediately for a test refusal as well.

After jail, which is typically about 24 hours if you do not bond out sooner, you will be informed that you can request an administrative hearing. This hearing must be requested within 10 days from your hearing notice receipt date, or your driver’s license is revoked starting 20 days from the hearing notice if you do not request one.

At this point, you may want to hire a DWI attorney in New Mexico to help you make the best decisions during your case.

The administrative hearing itself will be within 90 days from your arrest date with the MVD. If your license revocation is upheld, a first offense in New Mexico means the revocation will last six months. If you are under 21, this revocation period will last a year.

The Ignition Interlock License in New Mexico

Now you’re getting into the part of your DUI where you could request for an Ignition Interlock license. If you are eligible, the Ignition Interlock License allows you to drive only if the device is installed in your vehicle. You can request for the license after 30 days of your revocation period.

For a first DWI, the MVD will require you to keep an Ignition Interlock in your vehicle for one year.

Now let’s get into the penalties of a first DWI in New Mexico upon your court sentencing. Your court sentencing could occur while your administrative side of your DWI is happening or afterward. An Ignition Interlock Device is a requirement on the judicial side upon a conviction, a pre-trial condition or an attorney referral.

First DWI Penalties in New Mexico

• Fines and court costs
• Community service
• Alcohol evaluation
• DWI school – If you would like to be eligible for an Interlock License, you must attend DWI school
• Ignition Interlock License (after 30 days of your revocation period) for one year

If you’re ready to install an Ignition Interlock and you were approved by the MVD, Smart Start can help you get back on the road fast. Make sure you bring the applicable paperwork that you need for your installation appointment. If you’re unsure what to bring, our friendly Customer Care Center can assist. Just give us a call at (800) 831-3299 or fill out our online form and we’ll take it from there!