In the state of New Mexico, your license can be suspended as the result of a DUI in two ways. One is administrative, and the other is judicial.
Administrative: If you refuse to submit to a breathalyzer test or fail one at the scene, then your license will be immediately suspended and confiscated. In its place, you will receive a temporary driving permit, which will be valid for a period of 10 days. During this 10-day period, you can elect to challenge your license suspension. If your challenge is unsuccessful, or if you elect not to challenge, then your license will be suspended for a period of 21 months following the expiration of the temporary permit.
Judicial: The courts in New Mexico may also suspend your license. This would happen as the result of sentencing, or as the result of a plea agreement reached with the prosecutor handling your case.
|Offense||Fine||Jail Time||Suspension Period|
|1st||$500 or less||90 days or less||6 months to 1 year|
|2nd||$500 – $1000||96 hours to 364 days||2 years|
|3rd||$750 – $1000||30 days to 364 days||3 years|
|4th||$5000 or less||6 months to 18 months||Permanent|
|5th||$5000 or less||1 year to 2 years||Permanent|
|6th||$5000 or less||18 months to 30 months||Permanent|
|7th||$5000 or less||2 years to 3 years||Permanent|
Please note that if your BAC at the time of arrest was .16 or greater, the jail terms may be in excess of what is shown above. Also, the state mandates that an ignition interlock device be installed in every automobile owned or registered to a driver that is convicted of a DUI offense.
If you license has been permanently suspended following a 4th offense, you will have the opportunity to have your case reviewed by the state every 5 years.