New Mexico New Mexico’s all -offender interlock law went into effective on June 17, 2005. From 2006 to 2020 in New Mexico, interlocks stopped 89,658 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 6,958 attempts to drive drunk in 2020. Why does MADD call the law all-offender? Judges must order the use of interlocks for first-time offenders and offenders must use an interlock in order to drive during a license suspension period.
Grade: A- (90/100) In 2005, New Mexico became the first state to enact an all-offender law. The state would improve their law by closing loopholes to ensure more drunk drivers utilize an interlock.
Process to obtain an ignition interlock 1. Serve all jail and suspension time, as well as any bureau-approved DWI Prevention and Education program, and community service hours. 2. Fill out and complete the Affidavit for an Ignition Interlock License for the NMDOT. 3. Pay reinstatement, and any other applicable, fees. Court fees will be separate from administrative fees. 4. Schedule an appointment to have an interlock device installed. 5. Complete court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense Upon conviction 1 year Allow for interlock use for refusals. Second offense Unclear 2 years First refusal Interlocks not available for first-time refusals Can a drunk driver wait out an interlock order? No Compliance based removal? Yes In order to obtain an unrestricted driver's license, the person must show: 1) a minimum of six months of driving with an ignition interlock license with no attempts to circumvent, remove or tamper with the ignition interlock device. 2) evidence that the ignition interlock device has not recorded two vehicle lockouts. 3) evidence of verified active usage as that phrase is defined by the bureau (DMV). Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes Indigency determined by the Traffic Safety Bureau based on proof of enrollment in one or more of the following types of public assistance: 1) TANF: Temporary Assistance for Needy Families, 2) GA: General Assistance -SNAP: Supplemental Nutritional Assistance Program, 3)-SSI: Supplemental Security Income, 4) FDPIR: Food Distribution Program on Indian Reservations. The NMDOT Traffic Safety Bureau shall pay for one vehicle per offender, up to: $50for the cost of installation; $30 monthly for verified active usage of the interlock device, and $50 for the cost of removal. The person is responsible for all other charges associated with the installation, servicing and removal of the interlock. Sources: §66-8-102(N), §66-5-35(A)(3) and (C) §66-5-29 C, New Mexico DOT.
38
Made with FlippingBook Ebook Creator