There is something called aggravated DWI in New Mexico. There are three ways to get charged with an aggravated DWI:
- First, you give a breath or blood sample and your alcohol is 0.16 or above.
- Second, you decline to give a sample at all.
- Third, you hurt another person during the DWI. That does not turn it from a misdemeanor to a felony.
The only way to turn it from a misdemeanor to a felony is vehicular homicide or child abuse. In New Mexico, if you drive under the influence of alcohol with a child in the car, that is considered child abuse.
