SENATE MEMORIAL 48

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

William H. Payne

A MEMORIAL

REQUESTING THE ADMINISTRATIVE OFFICE OF THE COURTS, THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT, THE DEPARTMENT OF TRANSPORTATION, THE CORRECTIONS DEPARTMENT AND THE DEPARTMENT OF PUBLIC SAFETY TO STUDY THE FEASIBILITY OF PROVIDING AN ANTABUSE OPTION TO THE IGNITION INTERLOCK REQUIREMENT.

     WHEREAS, all persons convicted of DWI are required to obtain an ignition interlock license and to have an ignition interlock device installed on their vehicles; and

     WHEREAS, it is estimated that only one-half of the persons convicted of DWI obtain an ignition interlock device; and

     WHEREAS, many DWI offenders drive despite having their driver's license revoked, resulting in New Mexico having the largest percentage of unlicensed drivers involved in fatal crashes; and

     WHEREAS, some offenders are required to drive multiple vehicles and may comply more readily if there were a voluntary alternative to installing an ignition interlock device in each vehicle; and

     WHEREAS, the drug disulfiram, commonly known as antabuse, is approved by the federal food and drug administration for the treatment of alcohol abuse and dependence and helps people stop drinking by causing a severe adverse reaction if the person drinks while taking it; and

     WHEREAS, allowing disulfiram as a voluntary alternative to obtaining an ignition interlock device would allow more DWI offenders to drive sober and legally; and

     WHEREAS, a task force should study the feasibility of allowing the medication disulfiram as a voluntary alternative to obtaining an ignition interlock device;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the administrative office of the courts, the motor vehicle division of the taxation and revenue department, the department of transportation, the corrections department and the department of public safety be requested to form a task force to study the feasibility and estimate the costs or savings of allowing disulfiram as a voluntary alternative to the installation of an ignition interlock device; and

     BE IT FURTHER RESOLVED that the task force consider various methods of implementing the disulfiram option effectively, and consider the following example: an offender would obtain an "ignition interlock-disulfiram" license and, if disulfiram is the option, be able to drive legally as long as the offender carries proof of being current on the disulfiram dosage; enforcement would include the offender ingesting the medicine in front of a probation and parole officer or other officer; and the officer would provide the offender with a certificate allowing the offender to drive on the license until the next dose of disulfiram is required; and

     BE IT FURTHER RESOLVED that the task force report its findings and recommendations to the appropriate interim legislative committee no later than November 2010; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the administrative office of the courts, the director of the motor vehicle division of the taxation and revenue department, the secretary of transportation, the secretary of corrections and the secretary of public safety.

- 3 -