New Mexico Traffic Laws: Points, Tickets, License Suspension and DUI
New Mexico driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.
Quick answers for New Mexico
- Point system
- New Mexico uses a point system. If a driver's points reach 12 or more for violations within 12 consecutive months, the MVD suspends the license for 12 months. 18.19.5.54–.55 NMAC (2023); New Mexico Driver Manual
- Points for speeding
- Speeding 6 to 15 mph over the limit is 3 points; 16 to 25 mph over is 5 points; 26 mph or more over is 8 points. (Where the posted limit is other than 15, 30 or 75 mph, these apply when the speed was at least 76 mph.) 18.19.5.52 NMAC (2023)
- Legal BAC limit
- 0.08% for adult drivers; 0.02% for drivers under 21. New Mexico Driver Manual
- First-offense DUI penalties
- A first DWI conviction brings a one-year license revocation by the MVD; separately, the administrative (implied consent) revocation for an adult first offense is six months. N.M. Motor Vehicle Division, DWI FAQ; How to Get an Interlock License
Last verified: 2026-10-27
Tickets and points
| Point system | New Mexico uses a point system. If a driver's points reach 12 or more for violations within 12 consecutive months, the MVD suspends the license for 12 months. If a driver has 7 to 10 points within one year and a municipal or magistrate judge recommends it, the MVD suspends the license for up to three months. |
|---|---|
| Points for speeding | Speeding 6 to 15 mph over the limit is 3 points; 16 to 25 mph over is 5 points; 26 mph or more over is 8 points. (Where the posted limit is other than 15, 30 or 75 mph, these apply when the speed was at least 76 mph.) Source: 18.19.5.52 NMAC (2023) |
| How long points last | Points are kept for one year from the date of the violation and are automatically expunged at the end of the twelfth month after the month in which the violation occurred. For DWIs: the Motor Vehicle Division says DWI convictions cited on or after June 17, 2005 stay on the driving record for 55 years (https://www.mvd.newmexico.gov/dwi-faq/). |
| Paying or fighting a ticket | For offenses designated as 'penalty assessment misdemeanors' (such as many speeding tickets), the officer must offer the option of a penalty assessment. Signing the citation and accepting it is a guilty plea; payment for state-law citations is mailed to the MVD within 30 days (a payment postmarked within 30 days is timely). Municipal penalty assessment programs may set shorter deadlines and are paid to the municipal court. A driver may instead decline the penalty assessment and plead not guilty in court; if convicted at trial, the fine cannot exceed the penalty assessment amount. Failing to pay within 30 days leads to license suspension until the assessment and fees are paid. The court manual is dated May 2004; confirm current deadlines and payment methods with the MVD or court. |
| Paying or looking up a ticket online | Fines and fees owed to state courts (appellate, district and magistrate courts) can be paid online by credit or debit card through the Judiciary's Fines and Fees site (finesandfees.nmcourts.gov) or at the courthouse counter; the card vendor charges a 2.4% service fee. The state system cannot take payments for municipal courts; contact the municipal court directly. Cash and money orders are still accepted in person. |
License suspension
| License suspension | Grounds include 12 or more points in 12 months (one-year suspension), a judge-recommended suspension at 7–10 points, failing to pay a penalty assessment within 30 days or failing to appear in court, refusing a chemical test (license loss for one year), and DWI convictions (MVD may revoke). |
|---|---|
| Hardship or restricted license | Anyone on revocation for a DWI offense can apply for an ignition interlock license by showing proof of insurance and having an interlock device installed in any car they drive. At the MVD appointment, bring the interlock lease agreement or certificate of installation, proof of insurance for that vehicle, and a notarized Affidavit of Ignition Interlock. A driver under a lifetime revocation may petition the district court to remove the interlock requirement and restore the license five years after conviction and every five years after that. Restricted license options for non-DWI suspensions are not covered here. |
| Checking and reinstating a license | Drivers whose privileges were revoked, suspended, denied, canceled or disqualified can apply for reinstatement with the MVD. Each action on the record has its own requirements (for example, an approved 8-hour Driving Safety course for a points suspension, a DWI education program for certain DWI cases, or a certified Order of Restoration from a district judge for a 5- or 10-year revocation), but only one reinstatement fee is collected when several actions are on the record. Use the MVD's "Where's My License?" online service to check, and order certified driver history records online. Online services (Where's My License?): https://eservices.mvd.newmexico.gov/eTapestry/_/ |
DUI / DWI
| Legal BAC limit | 0.08% for adult drivers; 0.02% for drivers under 21. Source: New Mexico Driver Manual |
|---|---|
| First-offense DUI penalties | A first DWI conviction brings a one-year license revocation by the MVD; separately, the administrative (implied consent) revocation for an adult first offense is six months. Everyone convicted of DWI, including first offenders, must get an ignition interlock license and have an interlock device in every vehicle they drive. To reinstate, the driver needs at least six consecutive months of driving on an interlock license with no attempts to tamper with or get around the device, and must pay a $102 reinstatement fee. |
| When a DUI is a felony | In New Mexico, a 4th or 5th DWI conviction is a fourth-degree felony. A 6th or 7th is a third-degree felony, and an 8th or later is a second-degree felony. Felony DWI cases are heard only in district court. Separately, killing someone or causing great bodily harm while driving under the influence (homicide or great bodily harm by vehicle) is a second-degree felony. Source is the New Mexico Administrative Office of the Courts DWI Handbook (2025 revised edition). |
| Refusing a breath test | A driver who refuses an officer's request for a BAC test can lose the driver's license for one year. Source: New Mexico Driver Manual |
| DUI lookback period | When setting a DWI license revocation, the MVD counts the DWI convictions on the driving record, even if a court reduced the offense level. A DWI cited on or after June 17, 2005 stays on the driving record for 55 years (25 years for citations from July 1, 1990 through June 16, 2005). |
| How long a DUI stays on your record | Under New Mexico's Criminal Record Expungement Act, a conviction for an offense involving driving under the influence of alcohol or drugs cannot be expunged, according to the New Mexico courts' expungement information. However, in July 2026 the Court of Appeals held that a person who successfully completes a deferred sentence for a first DWI, and so has no conviction, may petition for expungement under the Act's non-conviction section. The record can still be used to enhance the sentence in a later DWI case. The C.T. opinion: https://coa.nmcourts.gov/wp-content/uploads/sites/43/2026/07/July-7-2026-In-the-Matter-of-Petition-for-Expungement-for-C.T.-No.-A-1-CA-41067.pdf |
| Sobriety checkpoints | Legal and used. Under City of Las Cruces v. Betancourt (N.M. 1987), a DWI checkpoint (sobriety checkpoint or roadblock) is valid if it is reasonable and not left to officers' unfettered discretion. The New Mexico Supreme Court set eight guidelines for judging this, including: supervisors must plan the checkpoint and approve the site and procedures, officers must follow a uniform pattern for stopping vehicles, the location and timing must be safe and reasonable, the checkpoint's official nature must be apparent, and there should be advance publicity. |
Where to get help in New Mexico
Traffic Tickets & DUI FAQ
How does the driver point system work in New Mexico?
New Mexico uses a point system. If a driver's points reach 12 or more for violations within 12 consecutive months, the MVD suspends the license for 12 months. If a driver has 7 to 10 points within one year and a municipal or magistrate judge recommends it, the MVD suspends the license for up to three months.
How many points is a speeding ticket in New Mexico?
Speeding 6 to 15 mph over the limit is 3 points; 16 to 25 mph over is 5 points; 26 mph or more over is 8 points. (Where the posted limit is other than 15, 30 or 75 mph, these apply when the speed was at least 76 mph.)
How long do points stay on your license in New Mexico?
Points are kept for one year from the date of the violation and are automatically expunged at the end of the twelfth month after the month in which the violation occurred.
How do I pay or look up a traffic ticket online in New Mexico?
Fines and fees owed to state courts (appellate, district and magistrate courts) can be paid online by credit or debit card through the Judiciary's Fines and Fees site (finesandfees.nmcourts.gov) or at the courthouse counter; the card vendor charges a 2.4% service fee. The state system cannot take payments for municipal courts; contact the municipal court directly. Cash and money orders are still accepted in person.
How do I check if my license is suspended and get it reinstated in New Mexico?
Drivers whose privileges were revoked, suspended, denied, canceled or disqualified can apply for reinstatement with the MVD. Each action on the record has its own requirements (for example, an approved 8-hour Driving Safety course for a points suspension, a DWI education program for certain DWI cases, or a certified Order of Restoration from a district judge for a 5- or 10-year revocation), but only one reinstatement fee is collected when several actions are on the record. Use the MVD's "Where's My License?" online service to check, and order certified driver history records online.
How do you pay or contest a traffic ticket in New Mexico?
For offenses designated as 'penalty assessment misdemeanors' (such as many speeding tickets), the officer must offer the option of a penalty assessment. Signing the citation and accepting it is a guilty plea; payment for state-law citations is mailed to the MVD within 30 days (a payment postmarked within 30 days is timely). Municipal penalty assessment programs may set shorter deadlines and are paid to the municipal court. A driver may instead decline the penalty assessment and plead not guilty in court; if convicted at trial, the fine cannot exceed the penalty assessment amount. Failing to pay within 30 days leads to license suspension until the assessment and fees are paid.
What gets your license suspended in New Mexico?
Grounds include 12 or more points in 12 months (one-year suspension), a judge-recommended suspension at 7–10 points, failing to pay a penalty assessment within 30 days or failing to appear in court, refusing a chemical test (license loss for one year), and DWI convictions (MVD may revoke).
What is the legal blood alcohol limit in New Mexico?
0.08% for adult drivers; 0.02% for drivers under 21.
What is the penalty for a first DUI in New Mexico?
A first DWI conviction brings a one-year license revocation by the MVD; separately, the administrative (implied consent) revocation for an adult first offense is six months. Everyone convicted of DWI, including first offenders, must get an ignition interlock license and have an interlock device in every vehicle they drive. To reinstate, the driver needs at least six consecutive months of driving on an interlock license with no attempts to tamper with or get around the device, and must pay a $102 reinstatement fee.
What happens if you refuse a breathalyzer in New Mexico?
A driver who refuses an officer's request for a BAC test can lose the driver's license for one year.
How long does a DUI count as a prior offense in New Mexico?
When setting a DWI license revocation, the MVD counts the DWI convictions on the driving record, even if a court reduced the offense level. A DWI cited on or after June 17, 2005 stays on the driving record for 55 years (25 years for citations from July 1, 1990 through June 16, 2005).
Can you get a hardship license in New Mexico?
Anyone on revocation for a DWI offense can apply for an ignition interlock license by showing proof of insurance and having an interlock device installed in any car they drive. At the MVD appointment, bring the interlock lease agreement or certificate of installation, proof of insurance for that vehicle, and a notarized Affidavit of Ignition Interlock. A driver under a lifetime revocation may petition the district court to remove the interlock requirement and restore the license five years after conviction and every five years after that.
Is a DUI a felony in New Mexico?
In New Mexico, a 4th or 5th DWI conviction is a fourth-degree felony. A 6th or 7th is a third-degree felony, and an 8th or later is a second-degree felony. Felony DWI cases are heard only in district court. Separately, killing someone or causing great bodily harm while driving under the influence (homicide or great bodily harm by vehicle) is a second-degree felony.
How long does a DUI stay on your record in New Mexico?
Under New Mexico's Criminal Record Expungement Act, a conviction for an offense involving driving under the influence of alcohol or drugs cannot be expunged, according to the New Mexico courts' expungement information. However, in July 2026 the Court of Appeals held that a person who successfully completes a deferred sentence for a first DWI, and so has no conviction, may petition for expungement under the Act's non-conviction section. The record can still be used to enhance the sentence in a later DWI case.
Are DUI checkpoints legal in New Mexico?
Legal and used. Under City of Las Cruces v. Betancourt (N.M. 1987), a DWI checkpoint (sobriety checkpoint or roadblock) is valid if it is reasonable and not left to officers' unfettered discretion. The New Mexico Supreme Court set eight guidelines for judging this, including: supervisors must plan the checkpoint and approve the site and procedures, officers must follow a uniform pattern for stopping vehicles, the location and timing must be safe and reasonable, the checkpoint's official nature must be apparent, and there should be advance publicity.
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