DUI Laws in New Mexico

0.08% for adult drivers; 0.02% for drivers under 21.

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.

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.

A driver who refuses an officer's request for a BAC test can lose the driver's license for one year.

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).

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.

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.