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State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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New Mexico N.M. Stat. Ann. § 66-13-3(E) Operating motor vehicle under influence
Every person under first conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety days or by
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a fine of not more than five hundred dollars ($500), or both
$0 - $500 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-13-3(E) Aggravated Boating while under influence
In addition to those penalties, when an offender commits aggravated boating while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight
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consecutive hours in jail and may be fined not more than seven hundred fifty dollars ($750)
$0 - $750 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-5-39.1(A) Driving while license revoked
A person who drives a motor vehicle on a public highway of this state at a time when the person's privilege to do so is revoked and who knows or
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should have known that the person's license was revoked is guilty of a misdemeanor and shall be charged with a violation of this section. Upon conviction, the person shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not less than four days or more than three hundred sixty-four days or by participation for an equivalent period of time in a certified alternative sentencing program, and there may be imposed in addition a fine of not more than one thousand dollars ($1,000).
$0 - $1000 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-5-39.1(B) Driving while license revoked because of alcohol
Notwithstanding any other provision of law for suspension or deferment of execution of a sentence, if the person's privilege to drive was revoked for driving under the influence of intoxicating
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liquor or drugs or a violation of the Implied Consent Act, upon conviction pursuant to this section, the person shall be punished by imprisonment for not less than seven consecutive days and shall be fined not less than three hundred dollars ($300) and not more than one thousand dollars ($1,000) and the fine and imprisonment shall not be suspended, deferred or taken under advisement
$300 - $1000 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-7-416(F) Unlawful use of highways
Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00)
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nor more than one hundred dollars ($100), or by imprisonment in the county jail not less than five days nor more than thirty days or by both such fine and imprisonment, and the operator and the owner of such vehicle, truck, tractor or engine from whom the driver or operator has permitted possession at the time thereof shall be jointly and severally liable to the state, county or municipality as the case may be for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, bridge, culvert or structure in violation of any provision of this act to be collected by suit brought in the name of the state, county or municipality having control of such highway or street; and such vehicle, truck, tractor or engine may be attached and held to satisfy any judgment for such damages.
$25 - $100 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-7 Misdemeanor - Motor Vehicle Code
It is a misdemeanor for any person to violate any provision of the Motor Vehicle Code unless the violation is declared a felony. Unless another penalty is specified in the
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Motor Vehicle Code, every person convicted of a misdemeanor for violation of any provision of the Motor Vehicle Code shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than ninety days or both.
$0 - $300 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 66-7-413.2(D) Engineering Investigations for Vehicles in excess of one hundered seventy thousand pounds
Any person who violates the provisions of Subsection A of this section is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand
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dollars ($1,000) or imprisonment for a definite term not to exceed six months, or both.
$0 - $1000 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 66-13-12(A) Motorboats; influence of intoxicating liquor - Testing Fee
A person convicted of a violation of the Boating While Intoxicated Act shall be assessed by the court, in addition to any other fee or fine, a fee of sixty-five
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dollars ($65.00) to defray the costs of chemical and other tests used to determine the influence of intoxicating liquor or drugs.
$65 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-102 Driving Under the Influence - First Offense
A first conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety days or by a fine
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of not more than five hundred dollars ($500), or both; provided that if the sentence is suspended in whole or in part or deferred, the period of probation may extend beyond ninety days but shall not exceed one year.
$0 - $500 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-102(E) Driving Under the Influence - First Offense, Additional Fee
A first conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety days or by a fine
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of not more than five hundred dollars ($500), or both; provided that if the sentence is suspended in whole or in part or deferred, the period of probation may extend beyond ninety days but shall not exceed one year. Upon a first conviction pursuant to this section, an offender shall be sentenced to not less than twenty-four hours of community service. In addition, the offender may be required to pay a fine of three hundred dollars ($300).
$0 - $300 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-102(F)(1) Driving Under the Influence - Secord Conviction
A second or third conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than three hundred sixty-four days
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or by a fine of not more than one thousand dollars ($1,000), or both; provided that if the sentence is suspended in whole or in part, the period of probation may extend beyond one year but shall not exceed five years. Notwithstanding any provision of law to the contrary for suspension or deferment of execution of a sentence: upon a second conviction, an offender shall be sentenced to a jail term of not less than ninety-six consecutive hours, not less than forty-eight hours of community service and a fine of five hundred dollars ($500). In addition to those penalties, when an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than ninety-six consecutive hours. If an offender fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional seven consecutive days in jail. A penalty imposed pursuant to this paragraph shall not be suspended or deferred or taken under advisement; and
$500 - $1000 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-102(F)(2) Driving Under the Influence - Third Conviction
A second or third conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than three hundred sixty-four days
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or by a fine of not more than one thousand dollars ($1,000), or both; provided that if the sentence is suspended in whole or in part, the period of probation may extend beyond one year but shall not exceed five years. Notwithstanding any provision of law to the contrary for suspension or deferment of execution of a sentence:upon a third conviction, an offender shall be sentenced to a jail term of not less than thirty consecutive days, not less than ninety-six hours of community service and a fine of seven hundred fifty dollars ($750). In addition to those penalties, when an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty consecutive days. If an offender fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional sixty consecutive days in jail. A penalty imposed pursuant to this paragraph shall not be suspended or deferred or taken under advisement.
$750 - $1000 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-5-39 Driving While License Suspended
Any person who drives a motor vehicle on any public highway of this state at a time when the person's privilege to do so is suspended and who knows or
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should have known that the person's license was suspended is guilty of a misdemeanor and shall be charged with a violation of this section.  Upon conviction, the person shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not less than four days or more than three hundred sixty-four days or participation for an equivalent period of time in a certified alternative sentencing program, and there may be imposed in addition a fine of not more than one thousand dollars ($1,000).
$0 - $1000 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-116 Improper Display of Registration Plate
A. As used in the Motor Vehicle Code, “penalty assessment misdemeanor” means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in
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Subsections D and E of this section, the listed penalty assessment is established: Improper display of registration plate, 66-3-18, $ 25.00
$25 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-116 Failure to notify of change of name or address
A. As used in the Motor Vehicle Code, “penalty assessment misdemeanor” means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in
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Subsections D and E of this section, the listed penalty assessment is established: Failure to notify of change of name or address, 66-3-23, 25.00
$25 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-116 Lost or damaged registration, plate, or title
A. As used in the Motor Vehicle Code, “penalty assessment misdemeanor” means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in
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Subsections D and E of this section, the listed penalty assessment is established: Lost or damaged registration, plate or title, 66-3-24, 20.00
$20 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-116 Permitting Unauthorized minor to drive
A. As used in the Motor Vehicle Code, “penalty assessment misdemeanor” means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in
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Subsections D and E of this section, the listed penalty assessment is established: Permitting unauthorized minor to drive, 66-5-40, 50.00
$50 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-116 Permitting Unauthorized person to drive
A. As used in the Motor Vehicle Code, “penalty assessment misdemeanor” means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in
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Subsections D and E of this section, the listed penalty assessment is established: Permitting unauthorized person to drive, 66-5-41, 25.00
$25 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-116 Failure to obey sign
A. As used in the Motor Vehicle Code, “penalty assessment misdemeanor” means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in
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Subsections D and E of this section, the listed penalty assessment is established: Failure to obey sign, 66-7-104, 10.00
$10 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 66-8-116 Failure to obey signal
A. As used in the Motor Vehicle Code, “penalty assessment misdemeanor” means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in
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Subsections D and E of this section, the listed penalty assessment is established: Failure to obey signal, 66-7-105, 10.00
$10 Misdemeanor No Court N/A