DWI Sentencing Guidelines in New Mexico

DWI stopNew Mexico Statute 66-8-102 defines “driving while intoxicated” (DWI) as driving with a blood alcohol concentration of .08% or greater. If a driver shows signs of impairment, they may be arrested for driving while intoxicated and face DWI sentencing guidelines if convicted.

Misdemeanor DWI Sentencing Guidelines

The first, second and third DWI convictions are misdemeanor offenses, the penalties for which include:

  First Offense

Second Offense

Third Offense


up to 90 days 96 hours to 364 days 30 days to 364 days


up to $500 $500 to $1,000 $750 to $1,000

License suspension

Up to  one year Two years Three years

All offenses also require the installation of an ignition interlock device from one to three years. Other administrative fees and legal consequences, like community service and/or probation, may also follow. In Albuquerque, NM, any subsequent DWI arrest may put you at risk for vehicle seizure as well.

Felony DWI Sentencing Guidelines

With every arrest for driving while intoxicated, the severity of penalties increases. Fourth and fifth convictions carry felony charges, the consequences for which include:

  Fourth Offense

Fifth Offense


6 to 18 months 1 to 2 years


up to $5,000 up to $5,000

License suspension

Lifetime Lifetime

Ignition interlocks are required for the lifetime of the driver. Lifetime ignition interlock device and license suspension may be reviewed after five years. However, the limitations that a felony conviction puts on employment opportunities may never go away.

How a DWI Criminal Defense Attorney Can Help

If you have been arrested for driving while intoxicated, an experienced DUI defense in Albuquerque can help minimize the immediate penalties and lifetime consequences of conviction.

At the Law Office of Mark Keller in Albuquerque, NM, we thoroughly investigate the circumstances surrounding your arrest to make sure your rights were upheld. We fight to get charges reduced or dismissed and build effective defense cases so that our clients never face more than the mandatory penalties under DWI sentencing guidelines.

To discuss your case with an experienced criminal defense attorney, contact us today to schedule a free consultation.

Fight to protect your future from driving while intoxicated charges. Call (505) 842-1440 for a free consultation with an experienced DWI defense lawyer.