Udall's efforts stem from a case of driving while intoxicated in New Mexico. A drunk airline passenger by the name of Dana Pabst disembarked from a flight and proceeded to drive from the airport, leading to an accident that killed a traveling family.

According to Udall there are 10,000 cases of air rage, a figure that is 400% higher than incidents in 2000. His legislation has been approved by the Commerce Committee.

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A new state-wide anti-DWI ad campaign was also unveiled, titled 'Women Drive Drunk, Too'. The campaign hopes to educate the public to the dangers of driving while intoxicated in New Mexico, and to the fact that the number of female NM DWI offenders is increasing. The State DWI czar says that almost a quarter of all drunk driving arrests in New Mexico involve female drivers. They also reportedly account for 20% of the alcohol related traffic fatalities. The 'Women Drive Drunk, Too' message will be spread through use of billboards, radio spots and television commercials.

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The ignition interlock device is aimed at preventing drivers from operating a vehicle while under the influence of alcohol. The sponsor of the new law says the objective of the special ankle bracelet is sobriety. He said that many rural areas do not have alcohol rehabilitation facilities and the alcohol monitoring bracelet will help alcoholics and repeat drunk driving offenders remain sober.

The bracelets detect alcohol in the person's perspiration and through the air. The device periodically relays information to a company that tracks the devices. The data is forwarded to an appropriate probation office or government agency. The penalties for alcohol consumption have not been clarified.

The alcohol monitoring devices can cost around $15 per day, and there are installation fees. For those unable to pay for the bracelet, a judge is able to tap into a state indigent fund, which is also available for ignition interlock devices.

The New Mexico State House unanimously approved the proposed legislation, and the measure has been sent to the Senate for debate.

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The bill’s sponsor says it closes another NM DWI loophole and makes the roads safer by requiring drivers to be sober for six months before gaining return of their licenses. He claims that currently motorists convicted of drunk driving in New Mexico are avoiding the state’s mandatory ignition interlock requirement by stating that they do not own a vehicle or won’t be driving.

Senate Bill, numbered SB275, now goes to the House for consideration.

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Saavedra was arrested on suspicion of drunk driving in New Mexico in 2001 but the charges were dropped by the district attorney in Bernalillo County. That arrest was before he was named head of the state-funded DAs office. He was appointed to the position by a board made up of state district attorneys. Saavedra has amassed 36 traffic citations over the last 20 years, yet has never paid a fine or received a jail sentence. He is the son of the state representative from Albuquerque, ‘Kiki’ Saavedra.

Saavedra admitted that he had been drinking champagne prior to the arrest, but said his BAC was under the legal limit for intoxication.

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Richardson cited statistics claiming that 97 percent of those arrested for impairment and given a blood test show positive signs of illegal drugs. While New Mexico DWI laws already cover the prohibition of driving under the influence of illegal drugs, establishing degree of impairment for prosecution can be difficult. Checking for blood alcohol content in suspected NM DWI cases can be done relatively easy and quickly, but testing for illegal drugs requires a blood sample and time for processing.

A spokesperson with the New Mexico Department of Public Safety said that when motorists are issued driver’s licenses they give their ‘implied consent’ to submit to breath tests to check for driving while intoxicated. The same position is taken when it comes to requiring drivers suspected of drug impairment to submit to a blood test.

Forced blood draws have raised privacy issues, and currently there are no guidelines in place to quantify how much of any particular drug warrants an arrest for impairment. Legal limits for drug presence will have to be established, along with applicable time lines for testing, before someone can be prosecuted for impairment beyond a reasonable doubt. The DPS acknowledged that the task is profoundly challenging.

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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.

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'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.

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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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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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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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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.

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