NM DMV DUI/DWI and Impaired Driving 2 — Questions and Answers
Question 1: What is the minimum jail time for a first DWI conviction in New Mexico?
- No minimum — probation is always an option
- 24 hours (Correct answer)
- 48 hours
- 7 days
Correct answer: 24 hours
A first DWI conviction in New Mexico carries a minimum mandatory jail sentence of 24 hours, though courts may impose longer sentences.
Question 2: Under New Mexico's DWI law, what aggravated DWI enhancement may apply?
- BAC of 0.10% or above
- BAC of 0.16% or above, refusing chemical testing, or having a minor in the vehicle (Correct answer)
- Driving with an expired license
- Being involved in an accident while impaired
Correct answer: BAC of 0.16% or above, refusing chemical testing, or having a minor in the vehicle
New Mexico's aggravated DWI law applies when a driver's BAC is 0.16% or higher, when they refuse chemical testing, or when a child under 18 is in the vehicle.
Question 3: How many DWI convictions in New Mexico can result in a felony charge?
- Any DWI is a felony
- A third DWI conviction within 10 years
- A fourth DWI conviction (Correct answer)
- A second DWI if combined with an accident
Correct answer: A fourth DWI conviction
A fourth DWI offense in New Mexico is classified as a fourth-degree felony, carrying significantly harsher penalties than misdemeanor DWI convictions.
Question 4: In New Mexico, can a driver be charged with DWI for impairment by drugs other than alcohol?
- No — DWI laws only apply to alcohol
- Yes — DWI applies to impairment by any intoxicating substance including prescription drugs, marijuana, or illegal drugs (Correct answer)
- Only if the driver tests positive for illegal substances
- Only if the driver admits to taking drugs
Correct answer: Yes — DWI applies to impairment by any intoxicating substance including prescription drugs, marijuana, or illegal drugs
New Mexico's DWI law covers impairment by any drug or combination of substances — not just alcohol — so a driver impaired by marijuana, prescription drugs, or other substances can be charged.
Question 5: What is the license revocation period for a first DWI conviction in New Mexico?
- 30 days
- 6 months
- 1 year (Correct answer)
- 2 years
Correct answer: 1 year
A first DWI conviction in New Mexico results in a one-year driver's license revocation as part of the standard penalties.
Question 6: What safety program does New Mexico offer to allow some DWI offenders to drive during their revocation period?
- The Safe Driver Program
- The Ignition Interlock License program (Correct answer)
- The Provisional Reinstatement Plan
- The DWI Diversion Program
Correct answer: The Ignition Interlock License program
New Mexico's Ignition Interlock License allows qualifying DWI offenders to drive during revocation, provided they install an IID on every vehicle they operate.
NM DMV DUI/DWI and Impaired Driving 2
What is the minimum jail time for a first DWI conviction in New Mexico?