What statute defines DWI in New Mexico?

N.M. Stat. Ann. § 66-8-102 is the controlling DWI statute in New Mexico. You can read the current text on the official code site at nmonesource.com.

What is the New Mexico implied-consent law?

N.M. Stat. Ann. § 66-8-107 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DWI arrest.

New Mexico DUI Statutes: The Code Sections That Control Your Case

The statutes that control New Mexico DWI cases

DWI in New Mexico is defined by N.M. Stat. Ann. § 66-8-102, and the chemical-testing rules sit in N.M. Stat. Ann. § 66-8-107. Both are published in the official state code at nmonesource.com, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

New Mexico official code — DWI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

New Mexico DWI law at a glance

Sourced from the New Mexico code and state agency sites. Verify current text before relying on it.

Offense name: DWI (New Mexico)
Controlling statute: N.M. Stat. Ann. § 66-8-102
Implied consent: N.M. Stat. Ann. § 66-8-107
Per se BAC limit: 0.08 (0.04 CDL, 0.02 or lower under 21)
Licence hearing deadline: 10 days after arrest
First-offense fine: $300–$500
First-offense jail exposure: up to 3 months
Licence suspension: 3 months
Ignition interlock: Required on a first offense in most cases
Trial court: the Magistrate Court or Metropolitan Court
High-risk filing: SR-22 for 3 years

A first offense carries a fine, possible jail, and mandatory interlock.

First-offense exposure under N.M. Stat. Ann. § 66-8-102: $300–$500, up to 3 months of jail exposure, and a 3 months licence suspension. A first offense carries a fine, possible jail, and mandatory interlock.

What N.M. Stat. Ann. § 66-8-102 actually says

NMSA § 66-8-102(A) — unlawful for a person under the influence of intoxicating liquor to drive a vehicle within New Mexico.
NMSA § 66-8-102(C) — unlawful to drive with an alcohol concentration of eight one-hundredths or more in the blood or breath.
NMSA § 66-8-102 — aggravated DWI includes refusing chemical testing or a concentration of sixteen one-hundredths or more.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on nmonesource.com carries an effective date — amendments passed after it are not yet reflected.

Other New Mexico sections that control the case

NMSA § 66-8-112

Revocation, notice, hearing and review.

NMSA § 66-8-102

The core driving-while-intoxicated offense.

New Mexico ZIP codes covered

These New Mexico ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

Browse all New Mexico ZIP codes.

Counties and cities using these New Mexico resources

Other New Mexico official resources

New Mexico DUI Courts: Where Your Case Is Heard New Mexico Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines DWI in New Mexico?: N.M. Stat. Ann. § 66-8-102 is the controlling DWI statute in New Mexico. You can read the current text on the official code site at nmonesource.com.
What is the New Mexico implied-consent law?: N.M. Stat. Ann. § 66-8-107 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DWI arrest.