How to Talk to Your Kids About Drinking and Driving in New Mexico

Drinking and Driving in New Mexico

Talking to your kids about drunk driving is one of the most important things you can do as a parent. When your children reach their teen years, they may be put in situations in which drunk driving is a reality that they can’t avoid. However, if they know their options and how to avoid and react to situations that could put them in drunk driving scenarios, they are more likely to make the right choices and avoid drunk driving accidents.

According to Forbes, New Mexico was ranked the 7th worst state for drunk driving in 2025, and “has the second highest rate of drunk drivers under age 21 involved in fatal crashes.” This makes it essential to speak to your teen drivers about drunk driving in New Mexico.

In The Article

What is the Penalty for Drunk Driving in New Mexico?

Is Drunk Driving a Felony?

Drunk driving can be considered a felony in New Mexico, if the drunk driver has multiple drunk driving offenses. On the fifth drunk driving conviction, the driver faces a fourth-degree felony, permanent loss of license, and up to two years in prison.

Jail Time/Prison Time

Depending on how many times you commit a drunk driving offense, and your blood alcohol content (BAC), you could face up to ten years in prison for drunk driving in New Mexico.

For first offense, when the BAC is under .16, but over .08, you could spend up to 90 days in jail. However, an eighth offense comes with a mandatory 10-year prison sentence.

Community Service

For first, second, and third drunk driving convictions, drivers face 24-96 hours of community service.

DWI School

In many states, going to driving school or DWI school after the first drunk driving offense can help educate younger drivers on the necessity of sober driving. These classes show convicted drunk drivers the personal consequences as well as the ripple effect of those consequences, imploring empathy and community understanding.

Counseling and Screening

Should the courts find that the drinking and driving is related to a substance abuse issue, one penalty for drunk driving in New Mexico includes getting drug counselling and blood/urine screenings. Court appointed counselling can help addicts avoid drinking and driving in the future.

Probation

The first drunk driving offense for drunk driving in New Mexico may include up to one year of probation for convicted drivers. Probation requires drivers to meet with probationary officers and document their whereabouts.

License Revocation

Drunk drivers in New Mexico face license revocation. For the first offense, revocation can be one year, and additional offenses can lead to permanent loss of licensing in the state.

Interlock Devices

Interlocking devices on vehicles force those convicted of drunk driving in New Mexico to test their BAC before their car can start. This reduces additional offenses of drunk driving.

Fines

According to NM Stat § 66-8-102 (2024), drunk drivers in New Mexico could face fines of up to $1,000 depending on how many offenses they have.

What is the Blood Alcohol Content Limit for Drunk Driving in New Mexico?

The drunk driving limit in New Mexico is .08 for standard drivers. However, those driving commercial vehicles require to have a .04 or below.
Additionally, the drunk driving charge can be considered “aggravated” if the BAC is over .16.

The Consequences of Drinking and Driving

The consequences of drinking and driving in New Mexico go far beyond the legal ramifications for drunk drivers. Talking to your kids about the lives that can be affected by drunk driving is essential to their understanding of the true weight of the situation. This may be a difficult conversation for teens, but honesty during drunk driving talks is a great way to drive the point home.
Consequences for drunk drivers:

• Car accidents
• Serious injuries
• Death
• Rise in car insurance rates (even when a car crash didn’t occur)
• Loss of vehicle
• Emotional damage from injuring or killing others

Consequences for victims of drunk driving

• Injury
• Death
• Death of a loved one
• PTSD
• Life-changing injuries of loved ones
• Financial loss

How to Avoid Drunk Driving

Avoiding drinking and driving isn’t as easy as “exercising self-control.” As a matter of fact, a lot of people who drive under the influence don’t actually intend to drive while drunk. They simply have a few too many drinks and may not realize that they are as intoxicated as a field sobriety test would indicate.
When you speak with your kids about drunk driving, give them alternative options to help them make good choices.
Here are some ways your kids can avoid drunk driving:

• Plan ahead
• Say no to drugs and alcohol when you’re driving
• Get a designated driver, if they think they’ll be in a drinking situation
• Give your keys to an adult or someone in charge
• Sleep it off
• Call your parents (if teens are in a drunk driving situation, let them know that you won’t punish them for calling you and doing the right thing)

What to Do in Drunk Driving Situations

If your kids are in a situation where the only driver available is drunk, make sure to let them know that they have options. If your child has a phone, give them a full list of numbers for people they can call at any hour to get a sober ride home. These numbers can include:

• You (and any other parents or step parents)
• Friends who are not drinking
• Aunts and uncles who live in the area
• Neighbors

The longer the list, the better chances your teen has of avoiding drunk driving. Additionally, be sure to contact everyone on the list to let them know that they are considered potential “emergency designated drivers” for your teen. This will give your teens a clear alternative to driving in a vehicle with a drunk driver or driving drunk themselves.

What to Do When You See a Drunk Driver in New Mexico

Let your kids know that if they see a driver swerving, they can call the Drunk Busters Hotline at 877-394-4258. If they are driving behind a car that is swerving, driving too slow or too fast, or they witness a driver drinking alcohol, calling this number can help prevent drunk driving accidents.
If your teen calls the Drunk Busters Hotline, make sure they are prepared with information to give the operator, including:

• The location the suspected drunk driver is and the direction they’re traveling.
• The description of the vehicle, include the make, model, color, and license plate number of the vehicle.
• An explanation of what the vehicle is doing.
• Their contact information.

If your kids think that calling the Drunk Busters Hotline in New Mexico is tattling or snitching, be sure to tell them that reporting drunk driving can save lives and reduce the risk of accidents. It’s essential to inform the proper authorities when they witness drunk driving.

What to Do if You Were Hit by a Drunk Driver

If your teen was hit by a drunk driver, they have options. Ensuring that they know their rights as victims of drunk driving can help them recover financial losses caused by drunk driving accidents in New Mexico. Ron Bell Injury Lawyers has taken on drunk drivers in the past, and our team knows exactly how to handle greedy insurance companies looking to save a dime. Call 898-BELL to get a free case evaluation.