Every time someone gets behind the wheel under the influence, whether it’s from alcohol, cannabis, prescription drugs, or any other impairing substance, they’re making a decision that can change their life forever. Impaired driving isn’t just illegal, it’s dangerous, expensive, and in too many cases, deadly.

In New Mexico, impaired driving is taken seriously. The legal blood alcohol content (BAC) limit is .08% for most drivers, .04% for commercial drivers, and .02% for minors. However, a driver doesn’t need to reach those limits to be arrested. If an officer has reason to believe a person is impaired by alcohol and/or drugs, and is driving in a way that poses a safety risk, that person can be charged with DWI. This includes impairment from prescription or over-the-counter medications, as well as illegal or recreational drugs, or a combination of any of these substances with alcohol.

A first DWI offense can result in up to 90 days in jail, a $500 fine, court costs, mandatory educational programs, and community service. If the offense involves alcohol, the individual is also required to have an ignition interlock device installed in their vehicle for one year. But that’s just the beginning.

If a person injures someone, refuses a breath or blood test, or is found driving with a blood alcohol concentration over .16%, the offense is classified as aggravated DWI. This designation carries mandatory jail time, even for a first offense.

Repeat offenses only increase the stakes. A second DWI comes with up to a year in jail and mandatory treatment programs. A third means a mandatory 30 days behind bars. Fourth and fifth offenses are felonies. A sixth or seventh offense means multiple years in prison.

But those are just the legal consequences.

Driving while impaired can cost a person their job, reputation, and freedom. Worst of all, it can cost someone’s life. Vehicular homicide while impaired is a second-degree felony punishable by up to 15 years in prison. And the punishment doesn’t stop there: an extra four years gets tacked on for every prior DWI obtained in the past 10 years, even if it happened on tribal lands.

Impaired driving doesn’t just affect the person behind the wheel. Families are devastated. Lives are cut short. Survivors live with life-altering injuries. And it happens faster than one thinks.

Drugged driving is impaired driving. And it carries the same serious consequences as driving under the influence of alcohol. Some people mistakenly believe that because cannabis is legal in New Mexico, it is safe to drive after using it. It’s not. Cannabis impairs judgment, slows reaction time, and affects motor coordination, all of which increase the risk of a crash. Driving under the influence of any impairing substance, including prescription drugs, cannabis, or even over-the-counter medications like antihistamines, can lead to arrest, criminal charges, and penalties equal to those for drunk driving.

Even without causing a crash, driving while a license is revoked due to a prior DWI is a criminal offense. It adds another year of revocation, includes mandatory jail time, steep fines, and requires the vehicle to be immobilized for 30 days.
Providing alcohol to a minor is a fourth-degree felony in New Mexico. That includes knowingly selling, serving, or giving alcohol to someone under 21 or allowing them to drink on one’s property. If a minor is injured or causes harm after being served, the person who provided the alcohol may be held legally responsible.

One reckless decision can change a life forever. But one responsible choice can prevent it.

Make a plan.
Call a cab. Use a ride app. Stay the night. Designate a sober driver.
Because once the keys are in the ignition, it’s too late to go back.