SENATE BILL 308

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

INTRODUCED BY

Kent L. Cravens

AN ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PROVIDING FOR IMMOBILIZATION OF VEHICLE UPON ARREST; REQUIRING INSTALLATION OF AN IGNITION INTERLOCK DEVICE FOR RELEASE OF VEHICLE; REQUIRING AFFIDAVIT 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. IMMOBILIZATION OF VEHICLE UPON DWI ARREST--REQUIREMENTS FOR RELEASE OF VEHICLE--FORFEITURE.--

          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 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 remain immobilized until an ignition interlock device is installed on the vehicle or until final adjudication of the charges.

          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 an affidavit to the motor vehicle division of the taxation and revenue department affirming that the owner will not allow the person arrested for driving under the influence of intoxicating liquor or drugs to drive the vehicle while that person's driver's license is revoked. The motor vehicle division shall keep the affidavit with the vehicle's registration records, and if the person arrested is thereafter found driving the vehicle without a valid driver's license, the vehicle shall be subject to forfeiture pursuant to the provisions of the Forfeiture Act.

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

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