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§ 66-8-102 NMSAMisdemeanor (1st–3rd offense); Fourth Degree Felony (4th and subsequent offenses) DWI

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.

Local Context

New Mexico law treats DWI as a single continuing offense, so prior convictions within ten years (or for life on fourth and subsequent offenses) enhance penalties. Aggravated DWI under § 66-8-102(D) applies when BAC is 0.16 or higher, the driver causes bodily injury, or refuses chemical testing, and carries enhanced mandatory minimums. Related offenses include aggravated DWI (§ 66-8-102(D)) and vehicular homicide (§ 66-8-101).

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.

Related Guides

Recent Arrests for This Charge (15)

MONICA GOMEZ GUERRERO mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 27, Booked on Aggravated Dwi and Driving Under the Influence

MONICA GOMEZ GUERRERO | 2 charges

11d ago
PORCILYNN BOONE mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 21, Booked on Misdemeanor Driving Under the Influence Charge

PORCILYNN BOONE | 1 charge

34d ago
CORY GUADIAN mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 29, Booked on Suspicion of Dwi and Traffic Violations

CORY GUADIAN | 3 charges

35d ago
JESUS MARTINEZ mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 18, Booked on Suspicion of Driving Under the Influence

JESUS MARTINEZ | 3 charges

35d ago
ZACHERY NEUDECKER mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 34, Booked on Aggravated Dwi Charge Near North Solano Drive

ZACHERY NEUDECKER | 4 charges

38d ago
ZAKARIAH PENA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 19, Booked on Felony False Imprisonment and Dwi Charges

ZAKARIAH PENA | 9 charges

40d ago
RYSON HERNANDEZ mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 20, Booked on Suspicion of Driving Under the Influence

RYSON HERNANDEZ | 2 charges

40d ago
REECE ALANIZ mugshot - Las Cruces arrest, Doña Ana County

Anthony, Texas Man, 31, Booked on Dwi and Resisting Charges

REECE ALANIZ | 2 charges

42d ago
JESUS MARTINEZ mugshot - Las Cruces arrest, Doña Ana County

Santa Teresa Man, 65, Booked on Suspicion of Dui and Reckless Driving

JESUS MARTINEZ | 2 charges

61d ago
JOSE LOZANO mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 32, Booked on Suspicion of Driving Under the Influence

JOSE LOZANO | 1 charge

87d ago
JOSE ORTIZ mugshot - Las Cruces arrest, Doña Ana County

Chaparral Man, 36, Booked on Suspicion of Dwi and Open Container Violation

JOSE ORTIZ | 3 charges

89d ago
NADIA ANGEL mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 20, Booked on Dwi and License Charges Following I-25 Stop

NADIA ANGEL | 3 charges

97d ago
TYLER WELBORN mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 19, Charged with All Other Traffic Violations

TYLER WELBORN | 2 charges

166d ago
ROBERT CREASEY mugshot - Las Cruces arrest, Doña Ana County
FEL

Man, 60, Charged with Reckless Driving in Doña Ana County

ROBERT CREASEY | 3 charges

170d ago
SERGIO QUINTANA mugshot - Las Cruces arrest, Doña Ana County

La Mesa Man, 18, Charged with Leaving the Scene

SERGIO QUINTANA | 3 charges

173d ago

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.