Attorneys

Quality Legal Resources You Can Count On

Your current location: (0) | Change Location
Rate this information

What Are The Penalties For Dwi?

A first offense for DWI, is punishable with up to 90 days in jail, up to a $500 fine, or both, and about $200 in court costs. You also may be ordered to attend a first offender program, also called DWI School, and alcohol screening with counseling; do community service; attend the victim impact panel; and serve probation resulting in fees of about $150. If this first offense is an aggravated DWI, a minimum of 48 hours in jail is mandatory in addition to the other penalties. A second offense is punishable by three to 364 days in jail and a mandatory fine of $500 to $1000. It also requires about $250 in fees, probation, community service and a one­year license revocation. And aggravated second offense requires at least seven days in jail. A third offense is punishable by a mandatory 30 days in jail, and a fine of $750 to $1000 on top of the other penalties. Your license will be revoked for one to ten years if it's your third conviction in more than 10 years. An aggravated DWI third offense entails a 90­day mandatory jail sentence. A fourth offense or more are felonies with eighteen months in prison. In a felony conviction, you may also lose your citizenship rights such as voting, bearing arms and other civil rights.

Other New Mexico Drunk Driving Defense FAQs

  • Q: What Happens When Im Stopped For A Dwi?
    A: If you have been stopped by a police officer for suspicion of drunk driving, you will generally be asked to produce your license and registration as well as your proof … More
  • Q: Should I Agree To Take The Field Sobriety Tests?
    A: You are not required by law to take field sobriety tests, and many of the tests are extremely difficult even for people who have not been drinking. It is therefore … More
  • Q: Should I Agree To Take The Breath Test?
    A: You can refuse to take a breath or blood test but this can have serious consequences with regard to your driver's license. The advantage of not taking the test is that … More
  • Q: What Should I Do If I Have Been Arrested For Dwi? 5 Star Rating
    A: The most important thing you must do after an arrest for DWI is to submit a request for an administrative hearing regarding the revocation of your driver's license to … More
  • Q: What Is The Difference Between My Mvd Case And My Criminal Case?
    A: When you have been arrested for DWI you face both an administrative revocation of your license (through MVD), and a criminal prosecution, which may also result in the … More
  • Q: What Happens In The Criminal Case?
    A: The criminal case is brought by the government and can result in jail, fines, probation and loss of license. The jail time, fines and other penalties vary depending on … More
  • Q: What Happens In The Mvd Case?
    A: The civil administrative hearing process with the Motor Vehicle Division decides whether your license if revoked for ninety days, six months or one year. You must … More
  • Q: When Will I Get My Mvd Hearing?
    A: Your MVD must occur within 90 days of your arrest. Usually your hearing will be heard near the end of your 90 day period, somewhere from 70 to 90 days from your arrest
  • Q: What Are The Implications In The Mvd Case?
    A: The MVD civil hearing process is separate from the criminal court proceeding. You can win one case and lose the other. If you refuse to take a breath or blood test as … More
  • Q: Can I Still Drive?
    A: If you timely requested a MVD Revocation hearing, you can drive until a decision is made by the MVD hearing officer at your MVD hearing, assuming your license was … More
1 2 3 4 >>

Liability for Over Serving Alcohol

Change Your Location

Enter Your New Location:


(e.g., San Diego, CA or 92121 or 619)

Based on your IP Address, your default location is:

  • Area Code: 0
  • City:
  • State: