Kevin Murray (claystorm) wrote,
Kevin Murray
claystorm

New Mexico DWI Laws (or lack of)...

In today's Road Warrior section, D'Val Westphal talks about how her experance with a DWI Checkpoint in Rio Rancho. Well they also gave her a flier titled "Know the Law— DWI Penalties" from the New Mexico Department of Transportation's Traffic Safety Bureau. So I looked at the penalties for DWI in New Mexico, and I am sick. Our laws are so stupid and relaxed its not even funny. I mean, why do we even have a law for Sixth DWI. I think it should be 3 strikes and your are out.

Anyway, here they are:

WHAT DRIVING DRUNK WILL GETCHA: The presumed level of intoxication— and the minimum blood-alcohol level that will get your driver's license revoked— is .02 percent for drivers under 21, .08 percent for drivers over 21. How long— and what other penalties you face— depends on what number DWI you're on.

First DWI: Misdemeanor, six-month to one-year license revocation, up to 90 days in jail, and mandatory ignition interlock for one year, DWI school, alcohol evaluation and community service.

Second DWI: Misdemeanor, two-year license revocation, up to 364 days in jail (96 hours mandatory), up to $1,000 fine ($500 mandatory), up to five years probation, and mandatory ignition interlock for two years, DWI school, alcohol evaluation, community service and treatment.

Third DWI: Misdemeanor, three-year license revocation, up to 364 days in jail (30 days mandatory), up to $1,000 fine ($750 mandatory), up to five years probation, and mandatory ignition interlock for three years, alcohol evaluation, community service and treatment.

Fourth DWI: Fourth-degree felony, lifetime license revocation and ignition interlock (each reviewed after five years), up to 18 months in prison (six months mandatory), up to $5,000 fine, alcohol evaluation and treatment.

Fifth DWI: Fourth-degree felony, lifetime license revocation and ignition interlock (each reviewed after five years), up to two years in prison (one year mandatory), up to $5,000 fine, alcohol evaluation and treatment.

Sixth DWI: Third-degree felony, lifetime license revocation and ignition interlock (each reviewed after five years), up to 30 months in prison (18 months mandatory), up to $5,000 fine, alcohol evaluation and treatment.

Seventh and subsequent DWIs: Third-degree felony, lifetime license revocation and ignition interlock (each reviewed after five years), up to three years in prison (two years mandatory), up to $5,000 fine, alcohol evaluation and treatment.

Aggravated DWI: If you blow 0.16 or higher, refuse to take the breath-alcohol test or injure someone, you get an automatic two bonus days in jail for DWI No. 1, four days for No. 2 and 60 days for No. 3. Should you get busted while driving on a DWI-revoked license or without your required interlock, you get an automatic bonus year of license revocation, another seven mandatory days in jail that could stretch up to a year, and your vehicle gets booted for a month.
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