Aggravated Driving While Intoxicated
Legal Definition
A person commits aggravated driving while under the influence of intoxicating liquor or drugs if, while driving a vehicle within New Mexico, the person has a blood- or breath-alcohol concentration of sixteen one-hundredths (.16) or more, causes bodily injury to another while driving under the influence, or refuses to submit to chemical testing after being arrested for DWI.
Possible Punishment
First offense: not less than 48 consecutive hours imprisonment, mandatory community service, fine up to $500, and ignition interlock for one year. Penalties escalate with each subsequent conviction; a fourth or subsequent offense is a fourth-degree felony punishable by up to 18 months imprisonment.
Local Context
Frequently charged in Las Cruces and Doña Ana County following DWI checkpoints and crash investigations conducted by LCPD, DASO, and NMSP.
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
DWI Arrests in New Mexico: Penalties, Aggravated DWI, and the MVD Clock
What a New Mexico DWI arrest means: legal limits, first-offense penalties, aggravated DWI, felony DWI, and the separate MVD license hearing deadline.
Bail in New Mexico: Why There Is (Mostly) No Cash Bail Anymore
New Mexico voters ended most cash bail in 2016. How pretrial release, bond conditions, and no-bail detention actually work in Doña Ana County courts.
Recent Arrests for This Charge (30)

Las Cruces Man, 38, Booked on Charges of Aggravated Dwi and Domestic Assault
VICTOR CASTRUITA | 2 charges

El Paso Man, 50, Booked on Aggravated Dwi and Reckless Driving Charges
GLORIA TAVARES ZAPATA | 4 charges

Las Cruces Man, 37, Booked on Aggravated Dwi Charge
FRANK ABEYTA | 1 charge

Las Cruces Man, 20, Booked on Aggravated Dwi and Collision Charges
X-AVIER RAEL | 4 charges

Las Cruces Man, 31, Booked on Aggravated Dwi Charge at Missouri Ave
SALVADOR CALDERON | 1 charge

Las Cruces Man, 23, Booked on Aggravated Dwi Charge at Fort Selden Road
JUSTIN GOMEZ | 1 charge

Las Cruces Man, 29, Booked on Aggravated Dwi and Battery Charges
JOHNATHAN HIDALGO | 2 charges

Las Cruces Woman, 22, Booked on Aggravated Dwi and Reckless Driving Charges
DANIELA GONZALEZ-LOPEZ | 2 charges

Las Cruces Man, 46, Booked on Aggravated Dwi and Driving with Suspended License
ISRAEL LEON | 2 charges

Las Cruces Man, 33, Booked on Aggravated Dwi and Resisting Charges
SIXTO CLEMENTE SALGADO | 4 charges

Sunland Park Woman, 18, Booked on Aggravated Dwi and Traffic Charges
GILARY GUTIERREZ-LARREA | 5 charges

Las Cruces Individual Booked on Aggravated Dwi and Weapons Charges
BUCKY GARLINGTON | 4 charges

Las Cruces Woman, 27, Booked on Aggravated Dwi and Traffic Charges
OLYVIA DOMINGUEZ | 2 charges

Deming Man, 34, Booked on Aggravated Dwi and Traffic Charges
JACK SCEPKA | 4 charges

Anthony Man, 40, Booked on Aggravated Dwi and Open Container Charges
LUIS SOLIS | 2 charges

Las Cruces Man, 27, Booked on Aggravated Dwi and Criminal Trespass Charges
GERMAN ROMERO | 3 charges

Sunland Park Woman, 20, Booked on Aggravated Dwi and Traffic Charges
AVRIL RIVERA | 4 charges

Las Cruces Woman, 29, Booked on Aggravated Dwi Charge
KARINA MUNOZ | 1 charge

Sunland Park Man, 65, Booked on Aggravated Dwi and Reckless Driving Charges
DAVID CASSIANO | 6 charges

Las Cruces Man, 30, Booked on Aggravated Dwi Charge at Doña Ana County
DERRICK RIVERA | 1 charge

Sunland Park Man, 42, Booked on Aggravated Dwi and Traffic Charges
MANUEL HERNANDEZ | 4 charges

Las Cruces Man, 31, Booked on Aggravated Dwi Charge at Missouri and Solano
HECTOR MONSIVAIZ | 1 charge

Las Cruces Woman, 29, Booked on Aggravated Dwi and Traffic Charges
ALEXIS QUEZADA | 4 charges

Las Cruces Man, 21, Booked on Aggravated Dwi Charge at North Main Street
JISIAH LARA | 1 charge

Las Cruces Man, 36, Booked on Aggravated Dwi and Driving with Suspended License
CESAR LOPEZ | 2 charges

Las Cruces Man, 18, Booked on Aggravated Dwi Charge
SAMUEL ARCHULETA | 2 charges

El Paso Man, 32, Booked on Aggravated Dwi and Hit-and-Run Charges
MAURICIO CASTILLO | 6 charges

Canutillo Woman, 37, Booked on Aggravated Dwi and Multiple Hit-and-Run Charges
ELIZABETH HINOJOS | 10 charges

Salem Man, 22, Booked on Aggravated Dwi and Traffic Charges
CARLOS REYES-SOTO | 3 charges

Las Cruces Man, 28, Charged with Possession of Controlled Substance
ISAIAH SANTOS MARTINEZ-MAESTAS | 2 charges
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.