In New Mexico, the Blood Alcohol Content(BAC) at which you’re presumed impairedis:- 0.08% for drivers 21 and over- 0.02% for those drivers under 21; and- 0.04% for drivers who hold a commercialdriver license and are operating acommercial vehicle.*** Please note this pertains to Revocationand not the criminal case.
Implied Consent* – over 21 years of age(at or above 0.08%)- 1st Offense – 6 months for failing achemical test- 1st Offense – One year for refusing achemical test- 2nd or Subsequent Offense – One yearfor failing or refusing a chemical test
Implied Consent* – under 21 years ofage (at or above 0.02%)- 1st and subsequent – One year forfailing or refusing a chemical test
Please remember this only applies to therevocation process, the criminal matter iscompletely separate and requires the.08% for the Per Se Limit.
New Mexico Law states that uponconviction the courts will submit to have thelicense revoked with the arrest clauseattached.
Criminal Conviction of DWI in Court- 1st Offense – One Year- 2nd Offense – Two Years- 3rd Offense – Three Years- 4th or Subsequent Offense – Lifetime
The revocation period for both ImpliedConsent and Criminal Conviction will notexceed a combined period of morethan:- One year for one DWI- Two years for two DWIs- Three years for three DWIs- Lifetime for a 4th or subsequent DWI
Criminal Conviction of DWI in Court(Commercial Driver License whileoperating a Commercial Vehicle at orabove 0.04%)- 1st Offense – One year disqualification- 2nd Offense – Lifetime disqualification
Despite the fact that all offenders in NewMexico are required to install an ignitioninterlock in their vehicle, currently onlyabout 32 percent actually do.
The majority of offenders abscond anddo not go to court, are not convicted, ortell judges they do not own a car or willnot be driving. Interestingly, those whoclaim to not own a car are three timesmore likely to be re-arrested.
The following are some of the questionsthat have come up regarding theinterlock device.
I have stopped a guy who has anInterlock device installed but does nothave an Interlock License orendorsement and when run is showingarrest pursuant to the 122g clause.
The driver has not applied or beenapproved for the interlock license. Heshould be arrested.
Attorneys will often advise their clients toobtain the device as a show of goodfaith. Basically showing the Judge theyare trying to do the right thing.
This does not mean the are inaccordance with the law, it just meansthey are jumping the gun on somethingthey know is inevitable.
I stopped this lady and she has theInterlock Drivers License but there is notan interlock installed in the vehicle she isdriving. It is a friends car.
The driver has not complied with NM lawand should be arrested.
You have stopped a driver and he smellsof alcohol. He has the interlock licenseand has the interlock installed.
Several repeat offenders and some firsttimers are figuring ways to cheat thesystem.
Have the driver shut the car off andremove the keys for a minimum of twominutes. This allows the machine to turncompletely off. Then have the driverrestart the car utilizing the interlockdevice.
We are learning that drivers are usingother passengers (mostly kids) or sometype of small generator to push air intothe device to cheat the system.
I stopped this guy and he tells me that hisinterlock does not work and has to havesomeone else blow into it because hejust used mouthwash and it triggers theinterlock.
WRONG – Have him shut the car off andtake the keys out. Wait the couple ofminutes to let the machine turn offcompletely, than have him restart thecar.
This can be caused be several differentthings, like mouthwash, hand sanitizer,etc. But those odors only stay in the airfor a short period of time and uponrecycling the machine by shutting it offyou eliminate that problem.
You have stopped a motorist and theirlicense returns Suspended/ Revokedw/ 122g eligible to reinstate. The drivertells you that he has served his time andis no longer revoked.
WRONG – To be in accordance with thelaw the driver is required to pay thereinstatement fee. He is still revoked andshould be arrested.
Some interlocks have differentmechanisms to alert you the driver is notin compliance, or is trying to avoid usingthe device. Be aware that some of themachines will cause the horn tocontinually honk if the driver fails to blowinto the machine when prompted. Theyalso have machines that will shut downthe car.
If you have any other questions thatwere not answered here please feel freeto contact the Training Bureau bye-mailing your question to:nmsp.training@state.nm.us
Thank you