NEW MEXICO

General Information:

 Following conviction, all offenders receive a mandatory alcohol assessment to determine the nature and extent of their alcohol problems.

 The assessment is conducted post-trial but pre-sentencing. The court takes the results of the assessment into consideration in final sentencing.

 Assessments are conducted by a private agency at the direction of the court and are paid for by the offender.

 For first-time aggravated DWI offenders, the court must order the offender to attend a DWI school or other rehabilitative services. At the court’s discretion, the offender can be placed on probation and ordered to attend alcohol education or rehabilitation. Successful completion can result in the dismissal of DWI charges.

 Treatment is not mandatory for repeat and high BAC offenders.

 Offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.

 New Mexico does not have dedicated detention and treatment facilities that target the hardcore drunk driver.

BEWARE: Completing an alcohol program may not satisfy the Traffic Safety Bureau of the New Mexico DOT. That is just one reason why it is critical that you consult with a lawyer in your area that concentrates on DUI / DWI defense.