Drugged Driving: New Mexico

What is Drugged Driving and How to Get Help for Legal Charges

You likely already realize that drugged driving refers to the “act of driving under the influence of drugs”.

But did you know it is an ongoing and increasingly serious issue across the United States? The issue is particularly severe in our home state when it comes to drugged driving New Mexico numbers.

According to a recent article, the national average for drug-impaired driving was 3.1%. It referred to the fatalities per 100,000 incidents. However, the State of New Mexico doubled that average back in 2019.  Unfortunately, many of these incidents result in fatalities and severe disabilities and impairments.

Despite heavy New Mexico law changes and policies, drugged driver incidents remain a problem. It has led to more strict drug and alcohol screening policies. At the national level, federal law and state policy impose strict penalties like DWI schools, fines, and imprisonment for drugged driving.

Keep reading to learn more about the realities of drugged driving New Mexico charges, the current state of laws, and much more.

And we remind you that whether you or someone you love is facing legal issues due to drugged driving, it’s important to seek professional help. At Icarus Behavioral Health, we offer you support as you begin to overcome substance use and navigate legal challenges. Our team is on standby, ready to answer your questions – confidentially.

What is Drugged Driving in New Mexico?

As we touched on above, drugged driving is the act of operating a motor vehicle while under the influence of illicit substances. It could be illegal, or even legal, substances that make the driver incapable of safely driving on public roads.

According to a non-profit cannabis advocacy group, it is illegal for a person to drive under the influence of any drug to a degree that makes the person incapable of safely driving a vehicle in New Mexico.

These drugs can include:

• Marijuana
• Cocaine
• Methamphetamine
• Opioids like heroin and fentanyl

While those drugs are for recreational use and prevent clear judgment in drivers, prescription medications can also raise questions.

According to a recent study, over-the-counter (OTC) medications like sleep aids can lead to impaired:

• Reaction times
• Judgment
• Motor skills

Is Drugged Driving Common in New Mexico?

Yes, drugged driving is a common issue in New Mexico. A local news report confirmed that in 2023, New Mexico ranked in the top three for “drunk driving deaths”. Moreover, the report also confirmed that there were 8,329 DWI arrests by the end of 2023.

Some speculate that legalizing recreational marijuana is one of the reasons behind it. Others hint at the reasonable suspicion of prescription drug misuse behind the increase in DWI incidents.

In either case, marijuana has become a major concern.

Research confirms that marijuana can affect your motor coordination and reaction time. It can also impact clear judgment. Other drugs can also lead to an intoxicated state due to uncontrolled consumption. These include:

• Opioids
• Methamphetamines
• ADHD treatments (Adderall and Ritalin)

What Are the Drugged Driving Laws in New Mexico?

New Mexico restricts driving under the influence of any substance. Be it drunk driving due to alcohol, or a combination of other drugs. If a drug makes a person incapable of safely driving a motor vehicle, it is unlawful to do so.

Since “driving while intoxicated” or “DWI” is a broad category, it also includes drunk driving. According to state laws, it is also unlawful to drive under the influence of intoxicating liquor in New Mexico.

New Mexico’s “Implied Consent Act” (government resource) requires drivers to submit a chemical test if there is reasonable suspicion that the person is under the influence. The tests could include:

• Blood tests
• Breath tests
• Urine tests

In case of a positive drug test result, a person faces mandatory DWI school, fines, and other penalties. The state law indicates that if you refuse to submit a chemical test, it leads to automatic license suspension.

While the first offenses result in jail time and fines, severe offenses have harsher penalties like longer jail sentences – and even mandatory use of the ignition interlock device. We’ll discuss that in further detail below.

Is New Mexico a Zero-Tolerance State?

New Mexico follows a “zero-tolerance policy” for drugged driving, which also includes driving after drinking liquor. The law concerns illicit substance abuse.

So, if a person is caught with even the slightest degree of illegal drugs in their system while driving, they can receive DWI charges.

You should know that driving under the influence of legally prescribed medications can still lead to a DWI charge.

We suggest that you seek free consultation from a verified professional or legal expert to better understand the DWI laws in New Mexico if you are concerned about your situation or that of a loved one.

The Penalties for Drugged Driving in New Mexico

The penalties in New Mexico are strict. They become more severe for repeat offenses, and offenses out of state are also counted. To give you an idea, below is a summary of key penalties for people who drive a vehicle while intoxicated.

First Offense

You can get a DWI charge and a fine of up to $500. Additionally, you could receive up to 90 days in jail along with a driver’s license suspension for six months.

Depending on the jury and court proceedings, you could also receive mandatory DWI school and might have to attend a victim impact panel.

Second Offense

If you receive a DWI charge for a second time, the penalties increase. You could face up to a year in jail and a fine of $1,000. Moreover, you will receive a longer license suspension along with community service and an ignition interlock device on your vehicle.

This type of device only starts the car when you submit a clean breath sample.

Third Offense (and beyond)

The penalties become more severe and the fines increase significantly. In fact, you could receive up to three years in jail with no suspension in the first two years. Also, you may receive long-term license revocation and mandatory community service.

If you’re tired of too many attempts at solving your addiction alone, it is time to seek professional help at Icarus. With our proven drug rehabilitation programs, you can start the journey toward a safer, substance-free life.

Drugged Driving vs Drunk Driving

The offenses carry the same punishments, but drugged driving is when one drives while being affected by controlled substances or prescription drugs that impair one’s ability to drive.

That can include sleeping pill use and treatments for attention deficit hyperactivity disorder like Adderall.

Driving drunk would refer to the act of driving where a person has alcohol in their system. Above 0.08% is called blood or breath alcohol content and it violates New Mexico DWI laws.

Taking Action Against Drugged Driving and Get Support to Stay Clean

If arrested or charged with DWI, please seek legal assistance. This will give you a more steady hand over your situation. You can reach Icarus Behavioral Health in New Mexico to get you through this illegal substance or alcohol abuse.

Here at Icarus Behavioral Health, we ensure that our clients are treated with care in an environment that will provide comfort to them.

Don’t wait, get a confidential and complimentary consultation with our caring team at Icarus Behavioral Health today.