New Mexico DWI Library

Favoritism Shown in New Mexico DWI Trials

Cases of drunk driving in NM are being dismissed because of ethnicity.

Recently law enforcement agencies representing the state of New Mexico, McKinley County and the Navajo Nation Indian Reservation agreed to allow each other the right to cross tribal land borders in both directions in pursuit of drunk drivers. Until the agreement, motorists suspected of driving while intoxicated would flee to the reservation because they knew state authorities had no jurisdiction.

There are now reports that New Mexico DWI cases appearing in front of one Navajo Nation judge are being dismissed when the arrest was conducted by a non-Native American. Specifically he challenges the concept of non-Native American law enforcement officers arresting Native Americans on tribal land.

The McKinley County District Attorney could not confirm or deny the allegations.

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New Mexico Receives Grant to Combat DWI

$1.15 million grant will be used by police departments to patrol for drunk driving in NM.

The U.S. Department of Transportation has provided New Mexico with $1.15 million in grant money to fight driving while intoxicated. The funds will be shared by law enforcement agencies across the state and must be used to implement or conduct programs focusing on stopping drunk driving in New Mexico.

The money will offset the cost of officers engaged in additional patrols, special party patrols and sobriety checkpoints. The grant is part of the DOT’s Alcohol Traffic Safety and Drunk Driving Prevention program.

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Albuquerque Not Seizing Cars of First Time DWI Offenders

Court allowed controversial auto seizure program to proceed but it has not been implemented.

Recently the New Mexico Supreme Court denied a legal challenge to a program that calls for Albuquerque police to seize the vehicles of those accused of first offense DWI. That cleared the way for implementation of the controversial law though APD has yet to seize a vehicle from a first offender.

The delay comes from concern about storage space and manpower necessary to manage the program. The police say that it is highly unlikely that a vehicle will be seized if someone is arrested for first offense driving while intoxicated in New Mexico. They will be looking for additional factors, such as an accident with injury, before confiscating a vehicle.

The American Civil Liberties Union challenged the Albuquerque law stating that everyone has the constitutional right not to have property taken until one has been convicted of a crime. The Albuquerque police program called for property to be seized immediately, before the accused had the right to a fair hearing or trial. That, according to the ACLU, violates basic law. The New Mexico Supreme Court denied the challenge to the program because it was too broad and the Albuquerque seizure law had not yet been enforced. The court said that a challenge should come from an individual whose rights had been violated by a vehicle seizure.

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Memorial to Victims of New Mexico DWI

Markers reflect number of New Mexico victims of drunk driving during five year period.

A four acre patch of land east of Albuquerque is dotted with markers memorializing victims of drunk driving in New Mexico. The Memorial of Perpetual tears was erected by Sonja Britton, whose son was killed by a drunk driver in 1991.

The memorial sits about 50 yards off of Interstate 40 in the town of Moriarity. The land currently has more than 900 powder gray steel markers. They were designed by Britton and feature a curved top that forms an eye. Tears are cut into the marker below the eye. Britton said steel was chosen because of the steel machines that felled the DWI victims.

The number of markers reflects the total number of New Mexico DWI victims for the previous five years. Each year the number of markers is adjusted to reflect the most recent statistics. The memorial has room for 1500 markers, though Britton hopes one day there will be no markers at the memorial.

Britton would like to expand the project into a national memorial for victims of drunk driving. She envisions landscaping, paths and plaques for each state with the number of DWI related fatalities for that year. An outdoor fountain is planned with a sculpture representing injured victims and their caretakers. A 2,100 square foot visitors center is being erected that will feature streaming videos with personal accounts of drunk driving incidents and DWI information.

Governor Films New Mexico DWI Ad

Anti-drunk driving commercial to air during Olympic games.

Governor Bill Richardson was featured in a commercial highlighting the fight against driving while intoxicated in New Mexico. Filmed at a mock sobriety checkpoint, the governor talks about DWI and praises the citizens of the state for their efforts to reduce drinking and driving offenses.

Governor Richardson hopes the anti-DWI message reaches a large audience during the Olympics. He said, “Everybody watches the Olympics and we want everybody to watch this.” The ads are scheduled to air on August 8, the first day of the Olympic games.

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Police Officer Arrested for New Mexico DWI in Las Cruces

Officer charged with drunk driving and firearm offense.

An Albuquerque police officer was charged with driving while intoxicated in Las Cruces, New Mexico last weekend. U.S. Border Patrol agents found a Toyota truck parked on the sidewalk around 3:30 am and went to check on the driver.

After Las Cruces police officers arrived on the scene, the driver, David Hill, Jr., reportedly exited the truck very slowly. A breath test revealed his blood alcohol content was double that of the legal limit for intoxication in New Mexico. Hill was booked for drunk driving in New Mexico at the Dona Ana County Detention Center. He was also charged with negligent use of a firearm. Hill had a loaded Glock handgun on him at the time of the arrest, and possession of a firearm while intoxicated is illegal in the state.

Hill is a three year veteran with the Albuquerque Police Department. He was placed on administrative leave pending an investigation.

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‘DrunkBusters’ Targets New Mexico DWI Offenders

Hotline allows motorists to call police about suspected drunk driving in New Mexico.

The New Mexico Department of Public Safety has a hotline that warns police of erratic driving and suspected drunk driving. Called DrunkBusters, the program allows people to immediately contact law enforcement by using a simple cell phone code or calling a toll free number.

Calls to DrunkBusters are answered by DPS operators who gather as much information as possible about a suspect’s vehicle. The closest law enforcement agency is then notified, and the info is then relayed to officers on patrol.

Last year the hotline received over 16,000 calls, which resulted in 900 motorists being stopped and 200 charged with driving while intoxicated in New Mexico.

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Senator’s Daughter Charged with New Mexico DWI

Daughter of anti-DWI advocate charged with drunk driving in Albuquerque.

The 21-year old daughter of state Senator Kent Craven was arrested for driving while intoxicated in New Mexico. She wrecked her vehicle in southwest Albuquerque Sunday while driving drunk. Police reports indicate that Kady Craven’s blood alcohol content was nearly three times the legal limit.

Kent Craven is one of the more outspoken advocates for tough anti-DWI laws in New Mexico. In a prepared statement, he said his daughter is entering rehab.

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State Supreme Court Rules on Car Seizures in New Mexico DWI Cases

Albuquerque could start seizing cars from motorists not convicted of a crime.

The state Supreme Court refused to hear a legal challenge to a program designed to seize vehicles from motorists arrested for driving while intoxicated in New Mexico. That allowed a trial court ruling to stand, thus ending the legal challenges to a controversial plan.

In 2005 the Albuquerque City Council said wanted to raise $300,000 in annual revenue by seizing vehicles in DWI cases, even before the driver was convicted of a crime. The ACLU filed suit saying that it is not illegal to drink and drive, as long as the motorist’s blood alcohol content remained below the limit for intoxication, and that the Albuquerque ordinance imposed punishment before a driver was found guilty in a court of law. That, they said, could potentially impact all motorists who drink but are not legally intoxicated.

A lower court agreed that the Albuquerque program violated constitutional due process, but said the ACLU suit was too vague and it would not overturn the ordinance simply on the possibility of abuse. The unanimous ruling by the high court echoed that sentiment, saying that, while the issues raised in the ACLU suit are serious and have constitutional ramifications, the question of due process is best addressed by a specific act of enforcement of the ordinance. It said if “the city does, in fact, seize and forfeit a vehicle based solely on probable cause for the arrest, regardless of whether the owner is ever convicted of (New Mexico) DWI, then the vehicle owner will have the concrete injury, the motive … and the opportunity to mount an effective challenge to the ordinance.”

The city of Albuquerque is clear to begin its vehicle seizure program at any time.

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New Mexico DWI Laws Do Not Increase Conviction Rate

Despite new and tougher laws, the number of drunk driving convictions stays the same.

One year ago Governor Bill Richardson signed six pieces of legislation aimed at reducing drunk driving in New Mexico by increasing the consequences of driving while intoxicated in New Mexico. Despite the new laws, the conviction rate for New Mexico DWI has remained the same.

According to the most recent records, 73% of all Albuquerque drunk driving cases handled in Metro Court resulted in a conviction. That is exactly the same percentage as in April 2007, before passage of the laws. In fact, the conviction rate for DWI in New Mexico has remained about 73% for the past ten years.

Anti-drunk driving advocates feel that there should be more pressure for change in the court system. They cite cities with larger caseloads getting higher percentages of DWI convictions.

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