SENATE BILL 127

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PROHIBITING CERTAIN PLEA AGREEMENTS FOR A PERSON WHO REFUSES TO SUBMIT TO A CHEMICAL TEST AUTHORIZED BY THE IMPLIED CONSENT ACT.

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

     SECTION 1. Section 66-8-102.1 NMSA 1978 (being Laws 1982, Chapter 102, Section 2, as amended by Laws 2003, Chapter 51, Section 11 and by Laws 2003, Chapter 90, Section 4) is amended to read:

     "66-8-102.1. GUILTY PLEAS--LIMITATIONS.--Where the complaint or information alleges a violation of Section 66-8-102 NMSA 1978, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to [the] a violation of one of the subsections of Section 66-8-102 NMSA 1978, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if:

          A. the results of a test performed pursuant to the Implied Consent Act disclose that the blood or breath of the person charged contains an alcohol concentration of:

                [A.] (1) eight one hundredths or more; or

                [B.] (2) four one hundredths or more if the person charged is driving a commercial motor vehicle; or

          B. the person refuses to submit to a chemical test authorized by the Implied Consent Act."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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