0001| AN ACT
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0002| RELATING TO ALCOHOL; PROVIDING FOR PARTICIPATION IN A SCREENING
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0003| PROGRAM; PROVIDING MANDATORY CRIMINAL PENALTIES; AUTHORIZING THE
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0004| USE OF CONVICTIONS FROM OTHER JURISDICTIONS FOR DRIVING WHILE UNDER
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0005| THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS AS PRIOR CONVICTIONS.
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0006|
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0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0008| Section 1. Section 66-8-102 NMSA 1978 (being Laws 1953, Chapter 139, Section 54, as
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0009| amended) is amended to read:
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0010| "66-8-102. PERSONS UNDER INFLUENCE OF INTOXICATING LIQUOR OR
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0011| DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF
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0012| INTOXICATING LIQUOR OR DRUGS--PENALTY.--
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0013| A. It is unlawful for any person who is under the influence of intoxicating liquor
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0014| to drive any vehicle within this state.
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0015| B. It is unlawful for any person who is under the influence of any drug to a degree
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0016| that renders him incapable of safely driving a vehicle to drive any vehicle within this state.
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0017| C. It is unlawful for any person who has an alcohol concentration of eight one-
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0018| hundredths or more in his blood or breath to drive any vehicle within this state.
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0019| D. Aggravated driving while under the influence of intoxicating liquor or drugs
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0020| consists of a person who:
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0021| (1) has an alcohol concentration of sixteen one-hundredths or more in his
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0022| blood or breath while driving any vehicle within this state;
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0023| (2) has caused bodily injury to a human being as a result of the unlawful
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0024| operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or
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0025| (3) refused to submit to chemical testing, as provided for in the Implied
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0001| Consent Act, and in the judgment of the court, based upon evidence of intoxication presented to
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0002| the court, was under the influence of intoxicating liquor or drugs.
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0003| E. Every person under first conviction under this section shall be punished,
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0004| notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more
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0005| than ninety days or by a fine of not more than five hundred dollars ($500), or both; provided that
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0006| if the sentence is suspended in whole or in part or deferred, the period of probation may extend
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0007| beyond ninety days but shall not exceed one year. Upon a first conviction under this section, an
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0008| offender may be sentenced to not less than forty-eight hours of community service or a fine of
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0009| three hundred dollars ($300). The offender shall be ordered by the court to participate in and
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0010| complete a screening program described in Subsection H of this section and to attend a driver
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0011| rehabilitation program for alcohol or drugs, also known as a "DWI school", approved by the
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0012| traffic safety bureau of the state highway and transportation department and also may be required
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0013| to participate in other rehabilitative services as the court shall determine to be necessary. In
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0014| addition to those penalties, when an offender commits aggravated driving while under the
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0015| influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-
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0016| eight consecutive hours in jail. If an offender fails to complete, within a time specified by the
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0017| court, any community service, screening program, treatment program or DWI school ordered by
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0018| the court, the offender shall be sentenced to not less than an additional forty-eight consecutive
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0019| hours in jail. Any jail sentence imposed under this subsection for failure to complete, within a
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0020| time specified by the court, any community service, screening program, treatment program or
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0021| DWI school ordered by the court or for aggravated driving while under the influence of
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0022| intoxicating liquor or drugs shall not be suspended, deferred or taken under advisement. On a
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0023| first conviction under this section, any time spent in jail for the offense prior to the conviction for
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0024| that offense shall be credited to any term of imprisonment fixed by the court. A deferred
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0025| sentence under this subsection shall be considered a first conviction for the purpose of
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0001| determining subsequent convictions.
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0002| F. A second or third conviction under this section shall be punished,
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0003| notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more
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0004| than three hundred sixty-four days or by a fine of not more than one thousand dollars ($1,000), or
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0005| both; provided that if the sentence is suspended in whole or in part, the period of probation may
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0006| extend beyond one year but shall not exceed five years. Notwithstanding any provision of law to
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0007| the contrary for suspension or deferment of execution of a sentence:
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0008| (1) upon a second conviction, each offender shall be sentenced to a jail
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0009| term of not less than seventy-two consecutive hours, forty-eight hours of community service and
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0010| a fine of five hundred dollars ($500). In addition to those penalties, when an offender commits
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0011| aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be
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0012| sentenced to a jail term of not less than ninety-six consecutive hours. If an offender fails to
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0013| complete, within a time specified by the court, any community service, screening program or
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0014| treatment program ordered by the court, the offender shall be sentenced to not less than an
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0015| additional seven consecutive days in jail. A penalty imposed pursuant to this paragraph shall not
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0016| be suspended or deferred or taken under advisement; and
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0017| (2) upon a third conviction, an offender shall be sentenced to a jail term of
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0018| not less than thirty consecutive days and a fine of seven hundred fifty dollars ($750). In addition
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0019| to those penalties, when an offender commits aggravated driving while under the influence of
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0020| intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty
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0021| consecutive days. If an offender fails to complete, within a time specified by the court, any
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0022| screening program or treatment program ordered by the court, the offender shall be sentenced to
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0023| not less than an additional sixty consecutive days in jail. A penalty imposed pursuant to this
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0024| paragraph shall not be suspended or deferred or taken under advisement.
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0025| G. Upon a fourth or subsequent conviction under this section, an offender is
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0001| guilty of a fourth degree felony, as provided in Section 31-18-15 NMSA 1978, and shall be
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0002| sentenced to a jail term of not less than six months, which shall not be suspended or deferred or
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0003| taken under advisement.
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0004| H. Upon any conviction under this section, an offender shall be required to
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0005| participate in and complete, within a time specified by the court, an alcohol or drug abuse
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0006| screening program and, if necessary, a treatment program approved by the court. The penalty
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0007| imposed pursuant to this subsection shall not be suspended, deferred or taken under advisement.
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0008| I. In the case of a first, second or third offense under this section, the magistrate
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0009| court has concurrent jurisdiction with district courts to try the offender.
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0010| J. A conviction under a municipal or county ordinance in New Mexico or a law
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0011| of any other jurisdiction, territory or possession of the United States that is equivalent to New
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0012| Mexico law for driving while under the influence of intoxicating liquor or drugs, prescribing
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0013| penalties for driving while under the influence of intoxicating liquor or drugs shall be deemed to
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0014| be a conviction under this section for purposes of determining whether a conviction is a second
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0015| or subsequent conviction.
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0016| K. In addition to any other fine or fee which may be imposed pursuant to the
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0017| conviction or other disposition of the offense under this section, the court may order the offender
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0018| to pay the costs of any court-ordered screening and treatment programs.
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0019| L. As used in this section:
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0020| (1) "bodily injury" means an injury to a person that is not likely to cause
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0021| death or great bodily harm to the person, but does cause painful temporary disfigurement or
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0022| temporary loss or impairment of the functions of any member or organ of the person's body; and
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0023| (2) "conviction" means an adjudication of guilt and does not
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0024| include imposition of a sentence."
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