The Penalties :

DWI Is A Serious Offense
New Mexico has enacted some of the toughest DWI laws in the nation, so remember: You Drink, You Drive, You Lose! A complete summary of the state's DWI laws can be found at:
http://dwiresourcecenter.org/datacenter/laws.shtml

DWI Penalties Chart

First Offense	MISDEMEANOR	6 months to 1 year license revocation (1 year if under 21). Up to 90 days jail. Mandatory: DWI school, alcohol evaluation, ignition interlock for 1 year, community service. Other: treatment
Second Offense	MISDEMEANOR	2-year license revocation. Up to 364 days jail, 96 hours mandatory. Up to $1,000 fine, $500 mandatory. Other Mandatory Penalties: Alcohol evaluation, community service, treatment, ignition interlock for 2 years. Other: Up to 5 years probation.
Third Offense	MISDEMEANOR	3-year license revocation. Up to 364 days jail, mandatory 30 days. Up to $1,000 fine, $750 mandatory. Other Mandatory Penalties: Alcohol evaluation, community service, treatment, ignition interlock for 3 years. Other: Up to 5 years probation.
Fourth Offense	FELONY FOURTH DEGREE	Lifetime license revocation, with 5-year court review. Up to 18 months prison, 6 months mandatory. Up to $5,000 fine. Other Mandatory Penalties: Alcohol evaluation, treatment, lifetime ignition interlock with. 5-year court review.
Fifth Offense	FELONY FOURTH DEGREE	Lifetime license revocation, with 5-year court review. Up to 2 years prison, 1 year mandatory. Up to $5,000 fine. Other Mandatory Penalties: Alcohol evaluation, treatment, lifetime ignition interlock with 5-year court review.
Sixth Offense	FELONY THIRD DEGREE	Lifetime license revocation, with 5-year court review. Up to 30 months prison, 18 months mandatory. Up to $5,000 fine. Other Mandatory Penalties: Alcohol evaluation, treatment, lifetime ignition interlock with. 5-year court review.
Seventh or Subsequent Offense	FELONY THIRD DEGREE	Lifetime license revocation, with 5-year court review. Up to 3 years prison, 2 years mandatory. Up to $5,000 fine. Other Mandatory Penalties: Alcohol evaluation, treatment, lifetime ignition interlock with 5-year court review.
Aggravated DWI	.16 BAC or above, refusal to take BAC test, or cause bodily injury while DWI	1st Offense, Mandatory: Additional 2 days jail. 2nd Offense, Mandatory: Additional 4 days jail. 3rd Offense, Mandatory: Additional 60 days jail.
Driving While Revoked for DWI	MISDEMEANOR	1-year revocation added to current revocation period. Up to one year in jail, 7 days mandatory. Up to $1,000 fine; $300 mandatory. Other: 30 days immobilization of vehicle driven by offender. Driving without an interlock when it's required by an interlock license is driving while revoked.
Selling or Giving Alcohol to a Minor	FELONY FOURTH DEGREE	To knowingly sell, serve or give alcoholic beverages to a minor, or to permit a minor to consume alcoholic beverages, or to assist a minor to buy alocholic beverages. Does not apply to parents serving their own children in their home, to an adult spouse of a minor, or to the use of alcohol in religious services. Minor here means someone under 21 years of age.