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F I S C A L I M P A C T R E P O R T

SPONSOR Cravens

DATE TYPED 01/25/05 HB

SHORT TITLE Eliminate Limited DWI License Overlap

SB 187

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal Non-recurring General Fund

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Department of Public Safety (DPS)

Department of Transportation (DOT)

SUMMARY

Senate Bill 187 requires the Motor Vehicle Division to revoke the driver’s license of any person

convicted of DWI, thereby eliminating the current exemption for first-time offenders who attend

DWI School.

In addition, Senate Bill 187 removes the eligibility of first-time offenders to receive a limited

license. Instead, an ignition interlock license would be the only available license to these indi-

viduals.

Significant Issues

This bill would strengthen the penalties for first-time DWI offenders in two ways: first, by

eliminating their ability to avoid the one-year license revocation, and second, by eliminating

their eligibility to apply for a limited license. Thus, SB 187 requires all drivers convicted of

DWI will have their licenses revoked for 1 year and be eligible for only an ignition interlock li-

cense.

Senate Bill 187 -- Page 2

Limited licenses restrict drivers to uses allowing them to engage in gainful employment, attend

school, or attend a court-ordered treatment program. They are issued to drivers who have been

convicted of a variety of traffic laws. Ignition interlock licenses restrict the driver to driving

only those vehicles that have been equipped with an ignition interlock device, but they do not

restrict the drivers to specific uses.

PERFORMANCE IMPLICATIONS

Both DPS and DOT have performance measures related to lowering alcohol-involved crashes.

To the extent that the harsher penalties on first-time offenders serve as a deterrent to DWI and/or

reduce recidivism, this bill could have a positive impact on those performance measures.

FISCAL IMPLICATIONS

AOC notes minimal costs for statewide update, distribution, and documentation of statutory

changes. There may be indeterminate, but minor, fiscal impacts related to changes in the number

of individuals paying various fees associated with the limited licenses and the ignition interlock

licenses.

OTHER SUBSTANTIVE ISSUES

According to DOT, approximately 2,500 ignition interlock devices are installed each year in

New Mexico and preliminary data shows that the devices reduce recidivism rates. DOT also

notes that there are approximately 6000 first time DWI convictions, many of whom attend DWI

school and therefore have their licenses revoked for less than one year. Because this bill would

require the revocation of first time offenders’ licenses for a full year, there would likely be an

increase in the number of ignition interlock licenses issued and devices installed.

EF/rs