New Mexico State Laws and IID Requirements
New Mexico has some of the strictest drunk driving laws of any state. The term in the state for drunk driving offenses is Driving While Intoxicated (DWI). Drivers who are found to be on the road with a blood alcohol content (BAC) of .08 percent or above risk an arrest for DWI, and the associated penalties. Penalties include fines, possible mandatory treatment, and license suspension. New Mexico has had an interlock policy for many years, and some drivers will be able to regain their license during the suspension period if they install an ignition interlock device. This guide will explain the process.
Ignition Interlock Guide for New Mexico
The state has a variety of criteria that offenders must meet before being eligible to regain their driving privileges with an interlock. Even first offenders in New Mexico risk having their license suspended for an offense, so the interlock policy is applicable to all offenders.
What are the Penalties for a DWI in New Mexico?
First DUI Offense
- Possibility of up to 90 days in jail
- $500 in fines maximum
- One year or less probation sentence
- Required to complete 24 hours of community service, attend DWI school, and a Victim Impact Panel
- Required to undergo substance abuse screening and complete any recommended treatment
- Ignition interlock device required in any vehicle driven by offender, for one year
Second DUI Offense
- Possibility of 96 hours to one year in jail
- Fines of $500 to a max of $1,000
- Five years probation at a maximum
- Required to complete 48 hours of community service
- Required to undergo substance abuse screening and complete any recommended treatment
- Enroll in and complete an outpatient substance abuse program or drug court program
- Ignition interlock device required in any vehicle driven by offender, for two years
Third DUI Offense
- Possible sentence of 30 days to a year in jail
- Fines from $750 to $1,000
- Five years probation at a maximum
- Required to complete 96 hours of community service
- Required to undergo substance abuse screening and complete any recommended treatment
- Enroll in and complete an outpatient substance abuse program or drug court program
- Ignition interlock device required in any vehicle driven by offender, for three years
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The court may decide to give offender’s additional penalties depending on the severity of the incident or other factors.
What Happens if I Fail to Complete or Refuse to Submit to a DWI Test in New Mexico?
New Mexico holds offenders who refuse to take a test accountable with various penalties. For anyone over 21, refusing to take a test can result in a driver’s license revocation for one year, and an additional year for repeat offenders. For those offenders under 21, the penalty is one year for both failing or refusing to take the test.
How Can I Regain Driving Privileges in New Mexico?
Offenders must meet the following criteria to regain driving privileges in New Mexico.
- Fill out, submit, and notarize the New Mexico Ignition Interlock Affidavit (MVD-10456).
- Install an ignition interlock device from a state-approved provider (ADS is state-approved)
- Provide proof of IID installation and appropriate insurance coverage
- Complete all penalty requirements, including serving jail time, completing treatment, and community service
- Submit application for new license to the MVD
- Remain compliant with all IID requirements during the license suspension period
New Mexico’s interlock policy is compliance-based, which means the IID term can be extended if the offender violates the policy. Additionally, the court may require additional criteria be met, or institute a longer term, if the offender has other incidents on their record.
ADS Interlock Devices in NM
ADS devices all feature a simple operating system and bilingual prompts, making it easy for English and Spanish speakers to use. The devices are required to be installed by an approved provider, and ADS can help with the proof of installation as well.
What is an Ignition Interlock Device?
An ignition interlock device is intended to help prevent recidivism among drunk drivers, and keep the roads safer for all. Here is how they work:
- Once installed, the interlock device requires that the driver take and pass a breath alcohol content test before they can start their car
- During most trips, the device also requests random retests to ensure the driver stays sober after starting the vehicle.
How Long is an NM Interlock Device Required?
This is determined by statute. However, New Mexico’s interlock policy is compliance-based, which means that an interlock term can be lengthened based on policy violations. All data is reported to the monitoring authority.
The Cost of Interlock Devices in NM
New Mexico requires offenders to cover the costs of their device installation and lease. The cost varies depending on the provider, but the typical price for interlock installation is between $70 and $100, and the lease costs are typically between $70 and $120 per month. This can change also depending on your type of vehicle and interlock requirements.
Finding an Ignition Interlock Device Installer Near Me NM
ADS offers 2 locations in New Mexico. To view our expanded network of partner locations, search your city, state or zip code for more locations near you.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.