D.w.i. Liquor Or Drugs

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 to a degree that renders them incapable of safely operating the vehicle, or with a blood alcohol concentration of 0.08 or more. The offense also includes driving while under the combined influence of intoxicating liquor and any drug 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, with mandatory minimum jail time increasing with each offense (48 hours for first, 96 hours for second, 30 days for third). 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. Aggravated DWI (§ 66-8-102(D)) carries enhanced mandatory minimums.

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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