The rules and penalties for drunk driving under 21 vary considerably between states and New Mexico is no exception. The penalties it imposes aren’t the same as, say, California, where the legal consequences are more broadly known and discussed.
Unfortunately, New Mexico has some of the strictest laws in the U.S. regarding drinking and driving, and courts here impose severe penalties in some cases. Moreover, many of these can affect your future as a young person.
Because of this, it’s always critical to contact an attorney immediately if accused of underaged DUI charges. A lawyer can help you if you are under 21 by providing you with counsel and representation that fights your case.
New Mexico’s Underage Drinking Laws
Regular DUIs are problematic for adults over 21 in NM, but worse for those under this age. Drinking is legal for full adults, but not for individuals under 21 who can drive. In fact, it is illegal for anyone in the under 21 age group to buy, possess, or consume alcohol. The only exceptions are drinking during a religious sacrament (like the Christian communion) and consuming alcohol on non-alcohol-selling property with a parent or guardian present.
If you are caught illegally possessing, consuming or selling alcohol as an underage minor, you could face several penalties include:
- Community service for a set number of hours
- Financial penalties for underage possession and consumption
New Mexico has a “zero tolerance” policy on underage drinking, which is why the penalties for use are high for this age group. Young people need to be careful whenever they go to parties or spend time with friends, as police could potentially make arrests.
DUI Laws For Minors
The DUI laws for minors in New Mexico are equally severe. The rules state that drivers under 21 must not have blood alcohol levels higher than 0.02% (which is below the 0.08% limit for full adults or 0.04% for commercial drivers over age 21). The state sets this low threshold to build some safety for young motorists accused of DUIs in the system. However, it also makes it clear that it treats underage drinking differently from drinking by older adults.
When police stop a minor by the side of the road on suspicion of a DUI they will:
- Determine their age (usually from their driver’s license)
- Perform a breathalyzer test (checking to see if blood alcohol concentration is above 0.02%)
The general advice is for people under 21 in New Mexico to avoid drinking any alcohol at all, especially before getting in front of the wheel. Rising above the acceptable threshold is easy in the state. A single drink will do it.
What Are The Penalties For Underage DUIs In New Mexico?
The penalties for underage DUIs in New Mexico vary depending on whether it is the first offense. Additional drinking charges underage come with further sentences.
First Offense
Penalties for a first offense include:
- Up to 90 days in jail
- A 1-year license suspension
- Screening for other substances (risking the potential for further charges)
- Community service (in some cases)
- Mandatory DUI school
- Fines of up to $500
Aggravating factors can also increase the penalties (even of a first-time DUI charge). If an under 21 refuses to take a blood alcohol test, for example, that can lead to an automatic 1-year license revocation. Furthermore, if blood alcohol concentration is above 0.16%, then it carries an additional 48 hours of mandatory jail time. (Sometimes, DUIs do not result in any jail time in New Mexico).
Finally, felony charges can be brought by the state if under-21 drunk driving leads to injuries or death. These crimes often result in long jail terms, so it is essential to avoid them.
Subsequent Offenses
New Mexico takes subsequent DUI offenses seriously, and imposes harsher penalties, including bigger fines and longer jail times. The rules allow for:
- Imprisonment for up to 364 days for a second offense
- A 2-year ignition interlock system
- Fines up to $1,000 for a second offense
Minors can also face adult penalties if their blood alcohol concentration is above 0.08%. Unfortunately, these are harsher (and a quirk of New Mexico law).
Additional convictions result in further penalties. For example, an 8th conviction is a second-degree felony with a maximum jail time of twelve years.
What Are The Additional Consequences Of A DUI?
The additional consequences of a DUI charge on a young person’s life can be substantial, going beyond jail time and fines.
The most likely additional consequence is license suspension. Young drivers caught drunk driving may not be allowed to drive for 12 months after the first offense. Furthermore, those without a license involved in a DUI may be prevented from obtaining one for a period of time.
Ignition interlock devices may also be required under New Mexico law. The state often mandates these for offenders with DUIs for around a year.
New Mexico does not have a “lookback period” unlike many states, meaning that a DUI can remain on a young driver’s record indefinitely. This fact means that a successful DUI conviction can mean that the driver has a criminal record forever, affecting everything from college applications to job prospects.
Insurance premiums also rise after a DUI when the young driver is finally allowed to get back behind the wheel. Insurers will charge a premium to cover the increased risk, which can last upwards of three to five years, depending on the severity of the incident.
The Value Of A New Mexico DUI Attorney
Given the strict penalties in New Mexico, the value of having a DUI attorney on your side is tremendous. Professionals like us can help you navigate the complexities of these charges and deal with the administrative system operating in the state on your behalf.
Much of our work involves challenging the charges against you. We can do things like:
- Evaluate the police evidence against you and find weaknesses in it
- Challenge the accuracy of the chemical tests
- Check the legality of the traffic stop
We can also help you contest your license revocation (within the 10-day limit) and look for ways to reduce your penalties where possible.
We recommend moving quickly if you are facing a DUI. Call today to learn more.
