DUI / DWI Defense
Recently charged with DUI / DWI?
Sound legal advice is built on years of training, hard work, and familiarity with legislation, precedent, and sound consideration. You'll find all that and more at Kelly O'Connell — DUI / DWI Attorney, Las Cruces, NM.
0.08%
Legal BAC limit
10 days
To save your license
What is a DUI?
"The new felony" — and it follows you forever.
In New Mexico it is illegal for those 21 or older to drive with a blood alcohol concentration of 0.08% or higher. A BAC of 0.16% or higher is considered aggravated DUI. Drivers under 21 cannot drive with a BAC of 0.02% or higher, and CDL drivers cannot drive with a BAC of 0.04% or higher.
A conviction means lost driving privileges, a mandatory ignition interlock license, and the installation of an interlock device — even for first-time offenders.
A good attorney challenges the stop and every piece of evidence — before a conviction puts a black mark on your record.
Section 02
BAC Limits by the Numbers
NM Stat § 66-8-102. Under New Mexico's implied consent law, a lawful arrest gives consent to chemical testing. Refusal risks automatic license suspension and other penalties.
21 & Older
0.08%
Standard NM legal limit
Underage
0.02%
Zero tolerance
Aggravated
0.16%
Enhanced penalties
CDL Drivers
0.04%
Commercial license
Section 03
Civil DUI Penalties
Civil penalties affect your driving privileges through the MVD — separately from any criminal case. Acting fast within the 10-day window is critical.
1st Offense — 21 & Older
6-month license suspension for failing a chemical test; 1 year for refusing.
1st Offense — Underage
1-year license suspension for failing or refusing a chemical test.
1st Offense — CDL
1-year license suspension for failing or refusing a chemical test.
2nd or Subsequent — All
1-year license suspension for failing or refusing a chemical test.
Section 04
Criminal DUI Penalties
Criminal penalties escalate sharply with each offense. The consequences below assume a standard (non-aggravated) DUI under NM law.
1st Offense
- 1-year license revocation
- Up to 90 days jail
- Up to $500 fine
- Mandatory alcohol education, assessment & treatment
- Ignition interlock device
- Possible vehicle confiscation
- Community service
- $65 BAC test fee
2nd Offense
- 2-year license revocation
- Up to 364 days jail (96 hours mandatory)
- Up to $1,000 fine
- Mandatory alcohol education, assessment & treatment
- Ignition interlock device
- Possible vehicle confiscation
- Community service
- $65 BAC test fee
3rd Offense
- 3-year license revocation
- Up to 364 days jail (30 days mandatory)
- Up to $1,000 fine
- Mandatory alcohol education, assessment & treatment
- Ignition interlock device
- Possible vehicle confiscation
- Community service
- $65 BAC test fee
4th or Subsequent
- Lifetime license revocation with 5-year court review
- Up to 18 months jail (6 months mandatory)
- Up to $5,000 fine
- Mandatory alcohol education, assessment & treatment
- Ignition interlock device
- Possible vehicle confiscation
- $65 BAC test fee
Aggravated DUI
When a DWI becomes aggravated.
An aggravated DWI charge can come from an accident resulting in injury or death, refusal of a chemical test, and/or a BAC of 0.16% or more. Aggravated DWI carries harsher penalties.
1st Offense
Mandatory additional 2 days jail
2nd Offense
Mandatory additional 4 days jail
3rd Offense
Mandatory additional 60 days jail
For CDL holders, an aggravated DWI charge results in a one-year disqualification. A second offense results in a lifetime disqualification.
FAQ
Common DUI / DWI questions.
Every case is different. If your question isn't here, call for a free, confidential consultation.
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Contact
Don't wait. The first 10 days matter most.
Reach out for a free, confidential consultation. We'll review the stop, the evidence, and your options — fast.
- +1-575-496-6359
- info@kellyolaw.com
- Las Cruces, New Mexico