Driving Under The Influence

Legal Definition

A person commits driving while under the influence of intoxicating liquor or drugs (DWI) if they operate a motor vehicle while under the influence of intoxicating liquor, a controlled substance, or any drug that renders them incapable of safely driving. The offense includes driving with a blood alcohol concentration of 0.08 or more, or with certain levels of controlled substances in the blood. It is unlawful to drive while impaired to the slightest degree by alcohol or drugs.

Possible Punishment

For a first, second, or third offense, DWI is a misdemeanor punishable by up to 364 days in county jail and a fine up to $1,000. Mandatory minimum jail sentences escalate with each offense: first offense carries up to 90 days with at least 24 hours served; second offense carries up to 364 days with at least 96 consecutive hours or 48 hours of community service; third offense carries a mandatory 30 days with at least 48 hours consecutive. A fourth or subsequent offense is a fourth degree felony with a basic sentence of 18 months imprisonment and a fine up to $5,000. All DWI convictions carry mandatory license revocation, ignition interlock requirements, screening and treatment programs, and community service.

DWI Cases in Doña Ana County

Most DWI bookings in our records start with a traffic stop, a crash investigation, or one of the sobriety checkpoints that LCPD, the Sheriff's Office, and State Police run routinely around Las Cruces. After booking at the detention center, a DWI case actually runs on two tracks at once: the criminal charge moves through Las Cruces Municipal Court or Doña Ana Magistrate Court, while the Motor Vehicle Division starts a separate administrative action against the driver's license under the Implied Consent Act. The MVD deadline to request a hearing is short, and missing it costs the license regardless of what happens in criminal court.

First-offense DWI is a misdemeanor, but penalties stack quickly: mandatory ignition interlock, DWI school, license revocation, and jail exposure that grows with each prior conviction. A fourth DWI is a felony in New Mexico.

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