0001| AN ACT | 0002| RELATING TO ALCOHOL; PROVIDING FOR PARTICIPATION IN A SCREENING | 0003| PROGRAM; PROVIDING MANDATORY CRIMINAL PENALTIES; AUTHORIZING THE | 0004| USE OF CONVICTIONS FROM OTHER JURISDICTIONS FOR DRIVING WHILE UNDER | 0005| THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS AS PRIOR CONVICTIONS. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. Section 66-8-102 NMSA 1978 (being Laws 1953, Chapter 139, Section 54, as | 0009| amended) is amended to read: | 0010| "66-8-102. PERSONS UNDER INFLUENCE OF INTOXICATING LIQUOR OR | 0011| DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF | 0012| INTOXICATING LIQUOR OR DRUGS--PENALTY.-- | 0013| A. It is unlawful for any person who is under the influence of intoxicating liquor | 0014| to drive any vehicle within this state. | 0015| B. It is unlawful for any person who is under the influence of any drug to a degree | 0016| that renders him incapable of safely driving a vehicle to drive any vehicle within this state. | 0017| C. It is unlawful for any person who has an alcohol concentration of eight one- | 0018| hundredths or more in his blood or breath to drive any vehicle within this state. | 0019| D. Aggravated driving while under the influence of intoxicating liquor or drugs | 0020| consists of a person who: | 0021| (1) has an alcohol concentration of sixteen one-hundredths or more in his | 0022| blood or breath while driving any vehicle within this state; | 0023| (2) has caused bodily injury to a human being as a result of the unlawful | 0024| operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or | 0025| (3) refused to submit to chemical testing, as provided for in the Implied | 0001| Consent Act, and in the judgment of the court, based upon evidence of intoxication presented to | 0002| the court, was under the influence of intoxicating liquor or drugs. | 0003| E. Every person under first conviction under this section shall be punished, | 0004| notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more | 0005| than ninety days or by a fine of not more than five hundred dollars ($500), or both; provided that | 0006| if the sentence is suspended in whole or in part or deferred, the period of probation may extend | 0007| beyond ninety days but shall not exceed one year. Upon a first conviction under this section, an | 0008| offender may be sentenced to not less than forty-eight hours of community service or a fine of | 0009| three hundred dollars ($300). The offender shall be ordered by the court to participate in and | 0010| complete a screening program described in Subsection H of this section and to attend a driver | 0011| rehabilitation program for alcohol or drugs, also known as a "DWI school", approved by the | 0012| traffic safety bureau of the state highway and transportation department and also may be required | 0013| to participate in other rehabilitative services as the court shall determine to be necessary. In | 0014| addition to those penalties, when an offender commits aggravated driving while under the | 0015| influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty- | 0016| eight consecutive hours in jail. If an offender fails to complete, within a time specified by the | 0017| court, any community service, screening program, treatment program or DWI school ordered by | 0018| the court, the offender shall be sentenced to not less than an additional forty-eight consecutive | 0019| hours in jail. Any jail sentence imposed under this subsection for failure to complete, within a | 0020| time specified by the court, any community service, screening program, treatment program or | 0021| DWI school ordered by the court or for aggravated driving while under the influence of | 0022| intoxicating liquor or drugs shall not be suspended, deferred or taken under advisement. On a | 0023| first conviction under this section, any time spent in jail for the offense prior to the conviction for | 0024| that offense shall be credited to any term of imprisonment fixed by the court. A deferred | 0025| sentence under this subsection shall be considered a first conviction for the purpose of | 0001| determining subsequent convictions. | 0002| F. A second or third conviction under this section shall be punished, | 0003| notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more | 0004| than three hundred sixty-four days or by a fine of not more than one thousand dollars ($1,000), or | 0005| both; provided that if the sentence is suspended in whole or in part, the period of probation may | 0006| extend beyond one year but shall not exceed five years. Notwithstanding any provision of law to | 0007| the contrary for suspension or deferment of execution of a sentence: | 0008| (1) upon a second conviction, each offender shall be sentenced to a jail | 0009| term of not less than seventy-two consecutive hours, forty-eight hours of community service and | 0010| a fine of five hundred dollars ($500). In addition to those penalties, when an offender commits | 0011| aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be | 0012| sentenced to a jail term of not less than ninety-six consecutive hours. If an offender fails to | 0013| complete, within a time specified by the court, any community service, screening program or | 0014| treatment program ordered by the court, the offender shall be sentenced to not less than an | 0015| additional seven consecutive days in jail. A penalty imposed pursuant to this paragraph shall not | 0016| be suspended or deferred or taken under advisement; and | 0017| (2) upon a third conviction, an offender shall be sentenced to a jail term of | 0018| not less than thirty consecutive days and a fine of seven hundred fifty dollars ($750). In addition | 0019| to those penalties, when an offender commits aggravated driving while under the influence of | 0020| intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty | 0021| consecutive days. If an offender fails to complete, within a time specified by the court, any | 0022| screening program or treatment program ordered by the court, the offender shall be sentenced to | 0023| not less than an additional sixty consecutive days in jail. A penalty imposed pursuant to this | 0024| paragraph shall not be suspended or deferred or taken under advisement. | 0025| G. Upon a fourth or subsequent conviction under this section, an offender is | 0001| guilty of a fourth degree felony, as provided in Section 31-18-15 NMSA 1978, and shall be | 0002| sentenced to a jail term of not less than six months, which shall not be suspended or deferred or | 0003| taken under advisement. | 0004| H. Upon any conviction under this section, an offender shall be required to | 0005| participate in and complete, within a time specified by the court, an alcohol or drug abuse | 0006| screening program and, if necessary, a treatment program approved by the court. The penalty | 0007| imposed pursuant to this subsection shall not be suspended, deferred or taken under advisement. | 0008| I. In the case of a first, second or third offense under this section, the magistrate | 0009| court has concurrent jurisdiction with district courts to try the offender. | 0010| J. A conviction under a municipal or county ordinance in New Mexico or a law | 0011| of any other jurisdiction, territory or possession of the United States that is equivalent to New | 0012| Mexico law for driving while under the influence of intoxicating liquor or drugs, prescribing | 0013| penalties for driving while under the influence of intoxicating liquor or drugs shall be deemed to | 0014| be a conviction under this section for purposes of determining whether a conviction is a second | 0015| or subsequent conviction. | 0016| K. In addition to any other fine or fee which may be imposed pursuant to the | 0017| conviction or other disposition of the offense under this section, the court may order the offender | 0018| to pay the costs of any court-ordered screening and treatment programs. | 0019| L. As used in this section: | 0020| (1) "bodily injury" means an injury to a person that is not likely to cause | 0021| death or great bodily harm to the person, but does cause painful temporary disfigurement or | 0022| temporary loss or impairment of the functions of any member or organ of the person's body; and | 0023| (2) "conviction" means an adjudication of guilt and does not | 0024| include imposition of a sentence." |