HOUSE BILL 397
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
William "Bill" R. Rehm
AN ACT
RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; ENACTING THE DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS ACT; PRESCRIBING PENALTIES; REPEALING SECTION 66-8-102 NMSA 1978 (BEING LAWS 1953, CHAPTER 139, SECTION 54, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-1-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 1) is amended to read:
"66-1-1. SHORT TITLE.--[Articles 1 through 8 of] Chapter [64 NMSA 1953] 66, Articles 1 through 8A NMSA 1978 may be cited as the "Motor Vehicle Code"."
SECTION 2. A new section of the Motor Vehicle Code, Section 66-8A-1 NMSA 1978, is enacted to read:
"66-8A-1. [NEW MATERIAL] SHORT TITLE.--Sections 66-8A-1 through 66-8A-7 NMSA 1978 may be cited as the "Driving Under the Influence of Intoxicating Liquor or Drugs Act"."
SECTION 3. A new section of the Motor Vehicle Code, Section 66-8A-2 NMSA 1978, is enacted to read:
"66-8A-2. [NEW MATERIAL] DEFINITIONS.--As used in the Driving Under the Influence of Intoxicating Liquor or Drugs Act:
A. "bodily injury" means an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person's body; and
B. "commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(1) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds;
(2) has a gross vehicle weight rating of more than twenty-six thousand pounds;
(3) is designed to transport sixteen or more passengers, including the driver; or
(4) is of any size and is used in the transportation of hazardous materials, which requires the motor vehicle to be placarded under applicable law."
SECTION 4. A new section of the Motor Vehicle Code, Section 66-8A-3 NMSA 1978, is enacted to read:
"66-8A-3. [NEW MATERIAL] DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--
A. It is unlawful for a person to drive a:
(1) motor vehicle other than a commercial motor vehicle in this state if the person has an alcohol concentration of eight one hundredths or more in the person's blood or breath within three hours of driving the motor vehicle and the alcohol concentration results from alcohol consumed before or while driving the motor vehicle; or
(2) commercial motor vehicle in this state if the person has an alcohol concentration of four one hundredths or more in the person's blood or breath within three hours of driving the commercial motor vehicle and the alcohol concentration results from alcohol consumed before or while driving the commercial motor vehicle.
B. It is unlawful for a person who is under the influence of any drug to a degree that renders the person incapable of safely driving a motor vehicle to drive any motor vehicle within this state."
SECTION 5. A new section of the Motor Vehicle Code, Section 66-8A-4 NMSA 1978, is enacted to read:
"66-8A-4. [NEW MATERIAL] PENALTIES FOR ALL CONVICTIONS--SCREENING AND TREATMENT--IGNITION INTERLOCK--VIOLATIONS OF PROBATION.--
A. Upon any conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender shall be required to participate in and complete, within a time specified by the court, an alcohol or drug abuse screening program and, if necessary, a treatment program, approved by the court.
B. Upon a second or third conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender shall be required to participate in and complete, within a time specified by the court, one of the following treatment programs approved by the court:
(1) not less than a twenty-eight-day inpatient, residential or in-custody substance abuse treatment program;
(2) not less than a ninety-day outpatient treatment program;
(3) a drug court program; or
(4) any other substance abuse treatment program.
C. Upon a felony conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, the corrections department shall provide substance abuse counseling and treatment to the offender in its custody. While the offender is on probation or parole under its supervision, the corrections department shall also provide substance abuse counseling and treatment to the offender or shall require the offender to obtain substance abuse counseling and treatment.
D. The court may order the offender to pay the costs of any court-ordered screening and treatment programs.
E. Upon any conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender shall be required to obtain an ignition interlock license and have an ignition interlock device installed and operating on all motor vehicles driven by the offender, pursuant to rules adopted by the bureau. Unless determined by the bureau to be indigent, the offender shall pay all costs associated with having an ignition interlock device installed on the appropriate motor vehicles. The offender shall operate only those motor vehicles equipped with ignition interlock devices for:
(1) a period of one year for a first conviction;
(2) a period of two years for a second conviction;
(3) a period of three years for a third conviction; or
(4) the remainder of the offender's life for a fourth or subsequent conviction.
F. Five years from the date of the last conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act and every five years thereafter, a person convicted of a fourth or subsequent offense who has not been subsequently convicted of driving a motor vehicle under the influence of intoxicating liquor or drugs and who provides proof from the ignition interlock device vendor that the person has not had violations of the ignition interlock device may apply to a district court for removal of the ignition interlock device.
G. An offender who obtains an ignition interlock license and installs an ignition interlock device prior to conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act shall be given credit at sentencing for the time period the ignition interlock device has been in use.
H. The requirements for alcohol or drug abuse screening and treatment, if necessary, and installation of an ignition interlock device imposed pursuant to this section shall not be suspended, deferred or taken under advisement."
SECTION 6. A new section of the Motor Vehicle Code, Section 66-8A-5 NMSA 1978, is enacted to read:
"66-8A-5. [NEW MATERIAL] ADDITIONAL PENALTIES FOR FIRST, SECOND OR THIRD CONVICTIONS.--
A. In the case of a first, second or third offense pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, the magistrate court has concurrent jurisdiction with district courts to try the offender.
B. In addition to the penalties imposed pursuant to Section 66-8A-4 NMSA 1978, upon a first conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender shall be subject to the imposition of any or all of the following:
(1) imprisonment for not more than ninety days; provided that, if the sentence is suspended in whole or in part or deferred, the period of probation may extend beyond ninety days, but shall not exceed one year, and any time spent imprisoned for the offense prior to the conviction for that offense shall be credited to any term of imprisonment fixed by the court;
(2) a fine of not more than eight hundred dollars ($800);
(3) performance of not less than twenty-four hours of community service; or
(4) attendance and completion of a driver rehabilitation program for alcohol or drugs, also known as a "DWI school", approved by the bureau.
C. A deferred sentence pursuant to Subsection B of this section shall be considered a first conviction for the purpose of determining subsequent convictions.
D. If a first offender fails to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court or fails to comply with any other condition of probation, the offender shall be sentenced to a term of imprisonment of not less than an additional forty-eight consecutive hours, which shall not be suspended, deferred or taken under advisement.
E. In addition to the penalties imposed pursuant to Section 66-8A-4 NMSA 1978, upon a second conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender shall be subject to the imposition of any or all of the following:
(1) imprisonment for not less than ninety-six consecutive hours or more than three hundred sixty-four days, ninety-six consecutive hours of which may not be suspended or deferred or taken under advisement;
(2) a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000); or
(3) not less than forty-eight hours of community service.
F. If a person convicted of a second offense under the Driving Under the Influence of Intoxicating Liquor or Drugs Act fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to an additional term of imprisonment of seven consecutive days, which shall not be suspended, deferred or taken under advisement.
G. In addition to the penalties imposed pursuant to Section 66-8A-4 NMSA 1978, upon a third conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender shall be subject to the imposition of all of the following:
(1) imprisonment for not less than thirty consecutive days or more than three hundred sixty-four days, thirty consecutive days of which may not be suspended or deferred or taken under advisement;
(2) a fine of not less than seven hundred fifty dollars ($750) or more than one thousand dollars ($1,000); and
(3) performance of not less than ninety-six hours of community service.
H. If a person convicted of a third offense pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to an additional term of imprisonment of sixty consecutive days, which shall not be suspended, deferred or taken under advisement.
I. If an offender's sentence pursuant to this section was suspended or deferred in whole or in part and the offender violates any condition of probation:
(1) the court may impose any sentence that the court could have originally imposed and credit shall not be given for time served by the offender on probation; and
(2) the period of probation may extend beyond one year but shall not exceed five years.
J. A conviction pursuant to a municipal or county ordinance in New Mexico or a law of any other jurisdiction, territory or possession of the United States or of an Indian nation, tribe or pueblo when that ordinance or law is equivalent to New Mexico law for driving under the influence of intoxicating liquor or drugs, and prescribes penalties for driving under the influence of intoxicating liquor or drugs, shall be deemed to be a conviction pursuant to this section for purposes of determining whether a conviction is a second or subsequent conviction."
SECTION 7. A new section of the Motor Vehicle Code, Section 66-8A-6 NMSA 1978, is enacted to read:
"66-8A-6. [NEW MATERIAL] ADDITIONAL PENALTIES FOR FOURTH AND SUBSEQUENT CONVICTIONS--FELONIES.--
A. In addition to the penalties imposed pursuant to Section 66-8A-4 NMSA 1978, upon a fourth conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender is guilty of a fourth degree felony and shall be sentenced to a term of imprisonment of eighteen months, six months of which shall not be suspended, deferred or taken under advisement.
B. In addition to the penalties imposed pursuant to Section 66-8A-4 NMSA 1978, upon a fifth conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender is guilty of a fourth degree felony and shall be sentenced to a term of imprisonment of two years, one year of which shall not be suspended, deferred or taken under advisement.
C. In addition to the penalties imposed pursuant to Section 66-8A-4 NMSA 1978, upon a sixth conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender is guilty of a third degree felony and shall be sentenced to a term of imprisonment of thirty months, eighteen months of which shall not be suspended, deferred or taken under advisement.
D. In addition to the penalties imposed pursuant to Section 66-8A-4 NMSA 1978, upon a seventh conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender is guilty of a third degree felony and shall be sentenced to a term of imprisonment of three years, two years of which shall not be suspended, deferred or taken under advisement.
E. In addition to the penalties imposed pursuant to Section 66-8A-4 NMSA 1978, upon an eighth or subsequent conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, an offender is guilty of a second degree felony and shall be sentenced to a term of imprisonment of twelve years, ten years of which shall not be suspended, deferred or taken under advisement.
F. If an offender's sentence was suspended or deferred in whole or in part and the offender violates any condition of probation, the court may impose any sentence that the court could have originally imposed and credit shall not be given for time served by the offender on probation."
SECTION 8. A new section of the Motor Vehicle Code, Section 66-8A-7 NMSA 1978, is enacted to read:
"66-8A-7. [NEW MATERIAL] AGGRAVATED DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS--PENALTIES FOR FIRST, SECOND OR THIRD CONVICTIONS.--
A. Aggravated driving under the influence of intoxicating liquor or drugs consists of:
(1) driving any motor vehicle in this state with an alcohol concentration of sixteen one hundredths or more in the driver's blood or breath within three hours of driving the motor vehicle and the alcohol concentration results from alcohol consumed before or while driving the motor vehicle;
(2) causing bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or
(3) refusing to submit to chemical testing, as provided for in the Implied Consent Act, and in the judgment of the court, based upon evidence of intoxication presented to the court, the driver was under the influence of intoxicating liquor or drugs.
B. In addition to the penalties for a first conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, when an offender commits a first offense of aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a term of imprisonment of not less than forty-eight consecutive hours, which shall not be suspended, deferred or taken under advisement.
C. In addition to the penalties for a second conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, when an offender commits a second offense of aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a term of imprisonment of not less than ninety-six consecutive hours, which shall not be suspended or deferred or taken under advisement.
D. In addition to the penalties for a third conviction pursuant to the Driving Under the Influence of Intoxicating Liquor or Drugs Act, when an offender commits a third offense of aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a term of imprisonment of not less than sixty consecutive days, which shall not be suspended or deferred or taken under advisement.
E. If an offender's sentence was suspended or deferred in whole or in part and the offender violates any condition of probation, the court may impose any sentence that the court could have originally imposed and credit shall not be given for time served by the offender on probation."
SECTION 9. TEMPORARY PROVISION.--All references in law to Section 66-8-102 NMSA 1978 shall be deemed to be references to the Driving Under the Influence of Intoxicating Liquor or Drugs Act.
SECTION 10. REPEAL.--Section 66-8-102 NMSA 1978 (being Laws 1953, Chapter 139, Section 54, as amended) is repealed.
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