SENATE BILL 449
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Kent L. Cravens
AN ACT
RELATING TO DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PROVIDING FOR FORFEITURE OF MOTOR VEHICLES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 66-5-39 NMSA 1978 (being Laws 1978, Chapter 35, Section 261, as amended) is amended to read:
"66-5-39. DRIVING WHILE LICENSE SUSPENDED OR REVOKED--PROVIDING PENALTIES.--
A. Any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended or revoked and who knows or should have known that his license was suspended or 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 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). When a person pays any or all of the cost of participating in a certified alternative sentencing program, the court may apply that payment as a deduction to any fine imposed by the court. 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any other provision of law for suspension or deferment of execution of a sentence, if the person's privilege to drive was revoked for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act, upon conviction under this section, that person shall be punished by imprisonment for not less than seven consecutive days and shall be fined not less than three hundred dollars ($300) or not more than one thousand dollars ($1,000) and the fine and imprisonment shall not be suspended, deferred or taken under advisement. No other disposition by plea of guilty to any other charge in satisfaction of a charge under this section shall be authorized if the person's privilege to drive was revoked for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act. Any municipal ordinance prohibiting driving with a suspended or revoked license shall provide penalties no less stringent than provided in this section.
B. In addition to any other penalties imposed pursuant to the provisions of this section, when a person is convicted pursuant to the provisions of this section or a municipal ordinance that prohibits driving on a suspended or revoked license, the motor vehicle the person was driving shall be immobilized by an immobilization device for thirty days, unless immobilization of the motor vehicle poses an imminent danger to the health, safety or employment of the convicted person's immediate family or the family of the owner of the motor vehicle. The convicted person shall bear the cost of immobilizing the motor vehicle.
C. In addition to any other penalties imposed pursuant to the provisions of this section, when a person is arrested pursuant to the provisions of this section or a municipal ordinance that prohibits driving on a revoked license, when the person's privilege to drive was revoked for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act, the motor vehicle the person was driving shall be subject to seizure and forfeiture.
D. The provisions of the Forfeiture Act apply to the seizure, forfeiture and disposal of a motor vehicle subject to forfeiture pursuant to Subsection C of this section; provided, a motor vehicle that has been seized may be returned to the registered owner immediately if the owner installs an ignition interlock device, approved by the bureau, on the motor vehicle. The registered owner of the motor vehicle shall maintain the ignition interlock device on the motor vehicle for a period of three years following installation of the ignition interlock device. Any attempt to dismantle, disengage or otherwise disable the ignition interlock device shall cause the motor vehicle to be immediately subject to seizure, forfeiture and disposal pursuant to the provisions of the Forfeiture Act. The motor vehicle shall be subject to random inspections to determine if the ignition interlock device is properly installed.
[C.] E. The division, upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while the license of the person was suspended, shall extend the period of suspension for an additional like period, and if the conviction was upon a charge of driving while a license was revoked, the division shall not issue a new license for an additional period of one year from the date the person would otherwise have been entitled to apply for a new license."
Section 2. A new section of Chapter 66, Article 8 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SEIZURE AND FORFEITURE OF MOTOR VEHICLE--PROCEDURE.--
A. Upon an arrest for a second or subsequent offense of driving while under the influence of intoxicating liquor or drugs or aggravated driving while under the influence of intoxicating liquor or drugs, the motor vehicle used in the commission of the offense shall be subject to seizure and forfeiture.
B. The provisions of the Forfeiture Act apply to the seizure, forfeiture and disposal of a motor vehicle subject to forfeiture pursuant to Subsection A of this section; provided, a motor vehicle that has been seized may be returned to the registered owner immediately if the owner installs an ignition interlock device, approved by the bureau, on the motor vehicle. The registered owner of the motor vehicle shall maintain the ignition interlock device on the motor vehicle for a period of three years following installation of the ignition interlock device. Any attempt to dismantle, disengage or otherwise disable the ignition interlock device shall cause the motor vehicle to be immediately subject to seizure, forfeiture and disposal pursuant to the provisions of the Forfeiture Act. The motor vehicle shall be subject to random inspections to determine if the ignition interlock device is properly installed."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.
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