New Mexico (NM) - State Requirements for Ignition Interlock Devices
The New Mexico Ignition Interlock Program
The legal blood alcohol content (BAC) in New Mexico is .08 percent. Drivers found to be at or above this legal limit risk a variety of penalties including monetary fines, mandatory alcohol education, and license suspension. Some offenders may be able to regain driving privileges if they install an ignition interlock device (IID) and obtain an ignition interlock license.
Even a first-time DWI offender risks a license suspension of 90 days to one year. With the New Mexico ignition interlock program, eligible offenders can regain driving privileges if they install an IID in all vehicles they drive. The IID will require testing before each trip and test results are reported back to the state’s monitoring authority.
What Happens if I Get a DWI in New Mexico?
New Mexico has financial penalties for driving while intoxicated, and also a variety of civil penalties. Some of the civil penalties may also result in additional costs to the offender. There may be additional penalties handed down by the court depending on the circumstances of the offense.
First DWI Offense
- Up to 90 days jail time
- Fines up to $500
- Probation sentence of up to one year
- 24 hours community service required
- Required to attend DWI school and Victim Impact Panel
- Must complete a substance abuse screening and follow recommended treatment
- Ignition interlock license required for one year, IID must be installed in any vehicle offender drives
Second DWI Offense
- 96 hours to 364 days in jail
- $500 to $1,000 in fines
- Probation sentence of up to five years
- 48 hours community service required
- Must complete a substance abuse screening and follow all recommended treatment
- Complete a 28-day inpatient or 90-day outpatient substance abuse treatment program, or drug court program
- Ignition interlock license required for two years, IID must be installed in any vehicle offender drives
Third DWI Offense
- 30 days to 364 days in jail
- $750 to $1,000 in fines
- Probation sentence of up to five years
- 96 hours of community service
- Complete a substance abuse screening and follow the recommended treatment plan
- Complete a 28-day inpatient or 90-day outpatient substance abuse treatment program, or drug court program
- Ignition interlock license required for three years, IID must be installed in any vehicle offender drives
What Happens if I Fail to Complete or Refuse to Submit to a DWI Test in New Mexico?
There are consequences for any offender who refuses to take a test because New Mexico has implied consent laws. For those over 21, a first offense and refusal to take the chemical test can result in their driver’s license being revoked for one year (six months if they fail the test). For subsequent offenses, the driver’s license can be revoked for an additional year. For those under 21, the penalty is one year for failing or refusing to take a chemical test.
How Do I Regain Driving Privileges in New Mexico?
Some offenders may be able to start driving during their license revocation period if they install an ignition interlock device, and meet the following criteria:
- Complete and submit a notarized Ignition Interlock Affidavit (MVD-10456).
- Install an IID from a trusted provider like Intoxalock
- Show proof of interlock installation and insurance coverage
- Serve necessary jail time
- Complete treatment program and community service
- Apply for a new license with the MVD
- Comply with all IID requirements throughout the revocation period