Under New Mexico DWI law, the state begins an administrative process to suspend a motorist’s driver’s license after a charge of driving while intoxicated is entered. This is separate from the criminal charges associated with the DWI arrest. The motorist has the right to petition for an Administrative License Revocation hearing and attempt to retain his or her driving privileges.

The new policy of allowing an officer to submit paperwork, rather than appear at the hearing, is aimed at getting more license suspensions. It does not affect the court process of prosecuting a NM DWI. The new license hearing procedure will begin in Bernalillo and San Juan Counties in January, and then be expanded statewide.

Have you been charged with DWI in NM?

'The Storm' will be in effect through the upcoming holidays, ending January 4. Radio and television ads will be broadcast in English and Spanish, and billboards will be placed on state highways.

Have you been charged with DWI in NM?

Law enforcement agencies across the state will be conducting random sobriety checkpoints and enhanced drunk driving patrols on Thanksgiving weekend and then every weekend in December and the first weekend in January. According to New Mexico DWI czar Rachel O’Connor, the state typically only conducts two short Superblitzes.

The winter Superblitz looking for motorists who are suspected of driving while intoxicated in New Mexico will end January 4, 2009.

Are you searching for a NM DWI Lawyer?

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.

Have you been charged with DWI in NM?

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.

Do you need to find a New Mexico DWI Attorney?

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.

Do you need to hire a New Mexico DWI Lawyer?

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 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.

Do you need a New Mexico DWI Attorney?

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.

Have you been charged with drunk driving in New Mexico?

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.

Are you searching for a New Mexico DWI Lawyer?

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.

Are you searching for a New Mexico DWI Attorney?

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.

Do you need a New Mexico DWI Lawyer?

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.

Are you looking for a New Mexico DWI Attorney?

One impound lot covers nine acres, with officers seizing about 2,200 vehicles in 2007. In looking at the assortment, one finds expensive trucks to downright clunkers. Albuquerque's deputy city attorney revealed that hard-core alcoholics actually purchase second 'junk' cars as their drinking vehicles. Many NM driving while intoxicated defendants have said "that's my drunk car."

Police periodically conduct auctions of the seized vehicles. More than 3000 DWI seizure vehicles have been sold since the program was initiated seven years ago. Despite costing half a million dollars to run the seizure program, last year there was a profit from towing, auction and storage fees. That money went into a pool for New Mexico drunk driving programs, including education, training and equipment purchases.

The goal is to have an element of surprise; making driver’s think twice about drinking and driving in Albuquerque.

On a recent Thursday night, police made 20 arrests for suspicion of DWI. One motorist actually abandoned his vehicle at the roadblock and fled on foot.

For more information on New Mexico DWI Laws and finding a New Mexico DWI laywer, please visit it our New Mexico page.