SENATE BILL 770

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PROVIDING FOR SEIZURE OF VEHICLE UPON ARREST; REQUIRING INSTALLATION OF AN IGNITION INTERLOCK DEVICE FOR RELEASE OF OWNED VEHICLES; REQUIRING STATEMENT BY OWNER OF VEHICLE; PROVIDING FOR FORFEITURE OF VEHICLE IN CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SEIZURE OF VEHICLE UPON DWI ARREST--REQUIREMENTS FOR RELEASE OF VEHICLE.--

          A. Upon the arrest of a person driving under the influence of intoxicating liquor or drugs in violation of the provisions of Section 66-8-102 NMSA 1978 or similar municipal or county ordinances, the vehicle driven by that person shall be seized and towed to an appropriate towing facility or immobilized at a location specified by the owner of the vehicle. The vehicle shall not be released except as provided in this section.

          B. If the person arrested is the owner of the vehicle, the vehicle shall not be released to that person unless an ignition interlock device is installed on the vehicle. If no ignition interlock device is installed within sixty days, the vehicle shall be forfeited to the state pursuant to the provisions of the Forfeiture Act.

          C. If the person arrested is not the owner of the vehicle, the owner may obtain the vehicle without installation of an ignition interlock device upon submission of a statement affirming that the owner will not allow the person arrested for driving under the influence of intoxicating liquor or drugs to drive the vehicle. The towing facility shall forward the statement to the motor vehicle division of the taxation and revenue department, which shall keep the statement with the vehicle's registration records, and if the person arrested is thereafter found driving the vehicle, the vehicle shall be forfeited to the state pursuant to the provisions of the Forfeiture Act.

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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