Differentiating DWI and DUI in New Mexico

If you or someone you know has recently received a DWI or DUI, there are a lot of potential questions that arise after the “what happens now?” stage. One such complication could include an Ignition Interlock system being mandated by the court for your vehicle.

We can help to provide you with an interlock driver’s license to adhere to this order, so contact us today if you’re in that situation. Navigating your first license or ID after a DWI or DUI conviction is unique from the ordinary process, so be sure to consult with our helpful MVD team early and often!

DWI or DUI – Does It Matter?

The terms DWI (driving while intoxicated) and DUI (driving under the influence) are often used interchangeably, but can actually have different legal definitions and consequences in certain areas.

In some states, for instance, a DUI could carry a completely different charge and operate under circumstances distinct from a DWI. However, New Mexico is not one of these states; here, the terms are basically interchangeable.

While it can be confusing, both terms are used here to represent more or less the same charge: driving while under the influence of a controlled substance that inhibits your ability to drive safely.

Here, “under the influence” can refer to a wide variety of conditions, such as:

A blood-alcohol level of .08 or higher
A blood-alcohol level of .02 or higher for a minor (under 21)
A blood-alcohol level of .04 or higher for commercial drivers (CDL)
Illegal drugs, including marijuana
Prescription drugs that impair motor function or driver alertness, even if it is prescribed to the driver
Over-the-counter drugs can also be included, especially in conjunction with alcohol (even if under the legal limit)

Since New Mexico is unfortunately home to some of the highest impaired driving deaths per year, the state has continued to crack down more on DWI and DUI drivers. If you or someone you know has been charged with a DWI or DUI, it’s important to understand your path back to the road. Browse the state’s current reinstatement policies for charged drivers to learn more.

What Happens Next?

If you or someone you know is facing down a DUI or DWI charge, it can be a scary time. Talk with your attorney about options to find the best in navigating the court system.

Often, drivers are allowed to re-enter the road with the use of an Interlock Driver’s License conditioned upon an installed Interlock Ignition Device (IID). Although cases vary, this is a very common outcome in New Mexico.

If you need an Interlock License to get back on the road, here are the steps you should take right away:

1 – Find an IID Installer

Once you know you’ll need an interlock device in your vehicle, the first step is to locate a local IID installer. Simply put, this device will ensure your blood-alcohol level is low enough to legally drive before allowing your vehicle to start. Contrary to what many people expect, the courts do not provide you with an Ignition Interlock Device or assist in getting one fitted to your vehicle. It is your responsibility to find an IID provider that can satisfy your imposed obligations.

2 – Secure an IID Contract

Once you have a provider selected, it is critical that you secure and keep a contract outlining the duration of your vehicle’s device. This is necessary for you to get an Interlock License and a receipt alone will not be enough. Since all Interlock Licenses in New Mexico require a completed contract with an IID company, your provider should work with you to ensure your contract is filled out fully and correctly before sending you on your way.

3 – Use the Contract to Get Your Interlock License

Once you have the completed contract, you should have all you need to get your Interlock Driver’s License and get back on the road. If you’re not sure if you have all the relevant information and documents, contact our support team to ensure you only have to make one quick trip to MVD Express.

4 – None for the Road

It is possible that you may have to complete the None for the Road program in addition to securing your interlock system. If you haven’t already done so, check out our guide to None for the Road and ensure you don’t potentially miss this easy, important step in reclaiming your license. You can also visit nonefortheroad.org for more information.