New Mexico State Delegates

State Delegate

Jedidiah J. Glazener
NCDD National College for DUI Defense: Jedidiah J. Glazener NCDD National College for DUI Defense: Jedidiah J. Glazener

DUI Laws

 


 

SUMMARY OF NEW MEXICO “DRUNK DRIVING” LAW1 2 “within the state”.3

“DRUNK DRIVING” OFFENSES PER NMSA 66-8-102:
A. “Under the influence of intoxicating liquor”,*
B. “Under the influence of any drug to a degree that renders him/her incapable of safely driving a vehicle”,

C. (1) a person who has an alcohol concentration of .08 or more in his/her blood or breath (per se) within three hours of driving;

(2) .04 or more in his/her blood or breath to drive a commercial motor vehicle (per se) within three hours of driving;
D. Aggravated consists of:
(1) .16 or more in blood or breath (per se),

(2) caused bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence,

(3) refused to submit to chemical testing, as provided for in the Implied Consent Act, and in the judgment of the Court, based upon evidence of intoxication presented to the Court, was under the influence of intoxicating liquor or drugs.* as a result of drinking liquor the defendant was less able to the slightest degree, either mentally or physically, or both, to exercise the clear judgment and steady hand necessary to handle a vehicle with safety to the person and the public.

*UNDER THE INFLUENCE OF INTOXICATING LIQUOR:
First conviction is punishable by 0-90 days jail (aggravated has 48 consecutive hours as a minimal mandatory): 24-48 hours community service, DWI school (12 hours), alcohol screening (with counseling if alcohol problem identified), MADD victim impact panel, 1 year probation (often unsupervised),1 year revocation of N.M. driver�s license or privilege to drive in N.M. and 1 year mandatory ignition interlock device.

2nd Conviction: 4-364 days jail (8 days minimum if aggravated), $500-$1000 fine, 48 hours community service, alcohol screening and counseling, 1 to 5 years probation (often supervised), 2 years ignition interlock device and 2 years revocation of N.M. driver�s license or privilege to drive in N.M.

3rd Conviction: 30-364 days jail (90 days minimum if aggravated), $750-$1000 fine, 96 hours community service, alcohol screening and counseling, 1 to 5 years probation (usually supervised), 3 years ignition interlock device and 3 years revocation of N.M. driver�s license or privilege to drive in N.M.

4th Conviction: 6 months jail up to 18 months in prison, lifetime revocation of driver�s license or privilege to drive in N.M. with ignition interlock device for life. (See Notes 5, 6, 7) 8 (See Notes 5, 6, 7, 8) (See Notes 5, 6, 7, 8) (See Notes 5, 6, 7, 8)

Refusals to Test cause an increase in the minimum jail time to be served: 1st offense: 48-hours instead of 0; 2nd conviction: 8-days instead of 4; and 3rd conviction: 90 days minimal jail instead of 30. The prosecutor can also argue the refusal to test is evidence of a guilty mind since an innocent person would take the test to prove their innocence.

5th Conviction: 4th degree felony. 1-2 years prison, lifetime revocation and interlock.
6th Conviction: 3rd degree felony. 1 ½ – 2 ½ years prison, lifetime revocation and interlock.

7th Conviction: 3rd degree felony. 2-3 years in prison. Refusals to Test cause an increase in the minimum jail time to be served: 1st offense: 48-hours instead of 0; 2nd conviction: 8-days instead of 4; and 3rd conviction: 90 days minimal jail instead of 30. The prosecutor can also argue the refusal to test is evidence of a guilty mind since an innocent person would take the test to prove their innocence Less than .04; It shall be presumed that the person was not under the influence “DRUNK DRIVING” PRESUMPTION:

per NMSA 66-8-110 B1.

At least .04 but less than .08: No presumption shall be made that the person either was or was not under the influence of intoxicating liquor unless driving a commercial vehicle and the amount of alcohol in the person�s blood may be considered with other competent evidence in determining whether the person was under the influence.

“DRUNK DRIVING” PRESUMPTION:Less than .04; It shall be presumed that the person was not under the influence per NMSA 66-8-110 B1.

At least .04 but less than .08: No presumption shall be made that the person either was or was not under the influence of intoxicating liquor unless driving a commercial vehicle and the amount of alcohol in the persons blood may be considered with other competent evidence in determining whether the person was under the influence.

IMPLIED CONSENT ACT:
(This is a totally separate case and has nothing to do with your criminal court case.)

Tests permitted: Blood or breath or both, upon officer�s choice. Advisement required of Implied Consent Law, penalties for refusing, right to arrange for independent test.

Penalties: 6 month revocation for 1st revocation under I.C.A. if .08 or higher, 21 years or older, 1 year revocation if 2nd revocation under I.C.A. or if under 21 years old with .02 or higher or anyone who refuses a chemical test.

A written request for hearing under the Implied Consent Act must be postmarked and include a $25.00 check or money order to the Motor Vehicle Division within 10 calendar days from the incident, otherwise you will be revoked on the 20th day. This has nothing to do with your criminal court case. (Blood draw cases have 10 days from the receipt of the Notice of Revocation.)

Ignition Interlock Driver�s Licenses permit revoked drivers to drive anytime, anywhere, in New Mexico for any reason, as long as the vehicle has an ignition interlock device.
PLEA BARGAINS:

Can be made, however, NMSA 66-8-102.1 states a .04 or higher score for a commercial vehicle driver or a .08 or higher for everybody else can only plead guilty to a DWI.

VEHICLE FORFEITURES:

(This is a totally separate case and has nothing to do with your criminal or I.C.A. case.)Some counties and municipalities have laws/ordinances whereby they seize and forfeit the vehicle even if it is owned by someone other than the “drunk driver”.

In Albuquerque, a hearing must be requested for a $50.00 fee within 15 days of the seizure.