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, 43, Booked on Multiple Misdemeanor Speeding Charges
RICHARD CLARK | 4 charges

Vado Man, 29, Booked on Aggravated Dwi and Speeding Charges
ANGEL OLVERA | 2 charges

Las Cruces Man, 34, Booked at Doña Ana County Detention Center for Aggravated Dwi
EDGAR CHAVEZ | 1 charge

Las Cruces Woman, 58, Booked on Aggravated Dwi Charge
ANNA NUNEZ | 1 charge

Anthony Woman, 37, Booked on Aggravated Dwi and Open Container Charges
JAQUELINE GRADO | 4 charges

Las Cruces Man, 18, Booked on Aggravated Fleeing and Dwi Charges
SETH MONTANO | 4 charges

El Paso Man, 44, Booked on Aggravated Dwi Charge in Sunland Park
JACOB ZARATE | 1 charge

Las Cruces Man, 30, Booked on Aggravated Dwi Charge at Valley Drive
MANUEL MURO | 1 charge

Anthony Woman, 37, Booked on Aggravated Dwi and Open Container Charges
JAQUELINE GRADO | 2 charges

El Paso Man, 38, Booked in Doña Ana County on Aggravated Dwi Charge
JOHN ZACARIAS | 1 charge

Las Cruces Man, 44, Booked on Aggravated Dwi and Multiple Traffic Charges
ALMA OVANDO | 6 charges

Las Cruces Man, 23, Booked on Aggravated Dwi Charge on Los Amigos Court
CALVIN GREEN | 1 charge

Fayetteville Man, 31, Booked on Cocaine Possession and Aggravated Dwi
THOMAS HRUBY | 3 charges

Las Cruces Man, 19, Booked on Aggravated Dwi and Failure to Report Accident
ERICK GALVAN | 2 charges

Las Cruces Woman, 24, Booked on Aggravated Dwi and Speeding Charges
SAMANTHA VALADEZ | 2 charges

Las Cruces Woman, 22, Booked on Suspicion of Aggravated Dwi
SERENA INFANTE | 1 charge

Las Cruces Man, 43, Booked on Aggravated Dwi and Open Container Charges
RANDY FLOYD | 3 charges

Las Cruces Man, 54, Booked on Aggravated Dwi and Lane Usage Charges
ANTHONY MARTINEZ | 2 charges

Las Cruces Woman, 29, Booked on Aggravated Dwi and Open Container Charges
JOSIE OROZCO | 3 charges

Las Cruces Man, 25, Booked on Aggravated Dwi Charge at Main and Madrid
ANDRES LOZOYA | 1 charge

Las Cruces Woman, 32, Booked on Aggravated Dwi and Traffic Charges
ZAMYRA VELAZQUEZ-MORENO | 6 charges

La Mesa Man, 42, Booked on Aggravated Dwi Charge in Las Cruces
AUGUSTINE MARQUEZ | 1 charge

Rio Rancho Man, 26, Booked on Aggravated Dwi Charge in Las Cruces
BRANDON GARCIA | 1 charge

Las Cruces Man, 54, Booked on Aggravated Dwi and Traffic Charges
MARIO TERAN | 3 charges

El Paso Man, 27, Booked on Aggravated Dwi Charge in Doña Ana County
JAWAN HARRIS TAPPIN | 1 charge

Las Cruces Woman, 47, Booked on Aggravated Dwi and Traffic Charges
SUZANNE RAMIREZ | 2 charges

Anthony Man, 28, Booked on Aggravated Dwi Charge in Doña Ana County
NOEL QUINTANA | 1 charge

Man, 24, Booked Into Doña Ana County on Aggravated Dwi Charge
DAVID RAMIREZ | 2 charges

Las Cruces Man, 45, Booked on Aggravated Dwi and Multiple Warrants
RUDY MARQUEZ | 6 charges

La Mesa Woman, 24, Booked on Aggravated Dwi and Careless Driving Charges
KARLA CORDERO | 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.