Is a DUI a felony in New Mexico?
Verified · next review
At the fourth — and the sentence is a fixed term, not a range. New Mexico writes its felony DWI sentences as fixed terms with a non-suspendable core rather than as ranges, and it overrides the general felony sentencing statute at Section 31-18-15 to do it. A fourth conviction is a fourth degree felony sentenced to eighteen months, six months of which may not be suspended, deferred or taken under advisement. A fifth is a fourth degree felony at two years with one year untouchable. A sixth is a third degree felony at thirty months with eighteen months untouchable, and a seventh is a third degree felony at three years with two years untouchable. An eighth or subsequent conviction is a second degree felony sentenced to twelve years, ten of them untouchable. The ladder counts convictions under this section without a lookback window, and a deferred sentence on a first offence counts as a conviction for that purpose.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in NM — and the paperwork will use none of them. New Mexico charges it under a section number, and that is what decides the range below.
Grade. Fourth degree felony at the fourth and fifth; third degree at the sixth and seventh; second degree at the eighth
Confinement. 18 months at the fourth, of which 6 months may not be suspended
Fine. Set by the felony sentencing statute
New Mexico Statutes § 66-8-102 · N.M. Stat. § 66-8-102(G)–(K) · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A fourth conviction | Fourth degree felony — eighteen months, six of them non-suspendable | The section overrides the general felony sentencing statute at Section 31-18-15 and fixes the term. A fifth conviction is also a fourth degree felony, at two years with one year untouchable. New Mexico Statutes § 66-8-102 · N.M. Stat. § 66-8-102(G), (H) · checked 2026-09-06 |
| A sixth or seventh conviction | Third degree felony — thirty months or three years | A sixth carries thirty months with eighteen non-suspendable; a seventh carries three years with two. An eighth or subsequent conviction is a second degree felony at twelve years, ten of them non-suspendable. New Mexico Statutes § 66-8-102 · N.M. Stat. § 66-8-102(I), (J), (K) · checked 2026-09-06 |
The device is a separate track
New Mexico requires an interlock license after every DWI conviction, first offense included — the MVD says so in as many words. The state also runs a legislatively mandated Indigent Fund, paid for by fees charged to convicted drivers, which helps eligible offenders with the cost of installing, leasing and removing the device.
In New Mexico the interlock term runs Always required and is administered by New Mexico Motor Vehicle Division — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
New Mexico DUI questions
Is a DUI a felony in New Mexico?
At the fourth — and the sentence is a fixed term, not a range. New Mexico writes its felony DWI sentences as fixed terms with a non-suspendable core rather than as ranges, and it overrides the general felony sentencing statute at Section 31-18-15 to do it. A fourth conviction is a fourth degree felony sentenced to eighteen months, six months of which may not be suspended, deferred or taken under advisement. A fifth is a fourth degree felony at two years with one year untouchable. A sixth is a third degree felony at thirty months with eighteen months untouchable, and a seventh is a third degree felony at three years with two years untouchable. An eighth or subsequent conviction is a second degree felony sentenced to twelve years, ten of them untouchable. The ladder counts convictions under this section without a lookback window, and a deferred sentence on a first offence counts as a conviction for that purpose. A fourth conviction: fourth degree felony — eighteen months, six of them non-suspendable. A sixth or seventh conviction: third degree felony — thirty months or three years.
What does a 3rd DUI in New Mexico carry?
Fourth degree felony at the fourth and fifth; third degree at the sixth and seventh; second degree at the eighth: 18 months at the fourth, of which 6 months may not be suspended, and a fine of set by the felony sentencing statute. The range is set by N.M. Stat. § 66-8-102(G)–(K), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in New Mexico?
A fourth conviction — fourth degree felony — eighteen months, six of them non-suspendable. A sixth or seventh conviction — third degree felony — thirty months or three years.
Does an interlock come with it in New Mexico?
New Mexico requires an interlock license after every DWI conviction, first offense included — the MVD says so in as many words. The state also runs a legislatively mandated Indigent Fund, paid for by fees charged to convicted drivers, which helps eligible offenders with the cost of installing, leasing and removing the device. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by New Mexico Motor Vehicle Division.
Other steps in New Mexico: first offense penalties and second offense penalties.
All New Mexico DUI rules →Penalties across the states →New Mexico DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.