New Mexico DWI Penalties-fines

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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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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