DWI-Overview

Overview

The crime of driving while intoxicated (DWI) involves operation of a vehicle by a person who has consumed a sufficient quantity of alcohol or drugs to affect the person’s ability to manage the vehicle safely, either demonstrably (by proof of impaired driving) or on a per se basis (by proof of a prohibited specific alcohol concentration level). §66-8-102. As the Supreme Court stated in State v. Johnson, 2001-NMSC-001, ¶ 17:

The purpose of our DWI legislation is to protect the public from the risk of harm posed by intoxicated drivers. … The policy underlying the DWI statute is to prevent individuals from driving or exercising actual physical control over a vehicle when they, either mentally or physically, or both, are unable to exercise the clear judgment and steady hand necessary to handle a vehicle with safety both to themselves and the public. In fact, the public interest and potential harm posed by intoxicated drivers is so compelling that the offense of DWI is a strict liability crime. (internal quotations and citations omitted)

Under the Implied Consent Act, §66-8-105 through §66-8-112, anyone who operates a motor vehicle in New Mexico is deemed to have given consent to breath and/or blood chemical tests if arrested for DWI. §66-8-107(A). The test results may then be introduced into evidence in any civil or criminal action arising out of the acts allegedly committed by the person tested. §66-8-110(A).

The Implied Consent Act is also the basis for revoking drivers’ licenses administratively in a separate non-judicial action. The Act provides a series of revocation penalties for refusing to take the chemical test(s) or for driving with a breath and/or blood alcohol level over the legal limit. §66-8-111. (See Chapter 3 for a more detailed explanation of the Implied Consent Act and Chapter 4 for a more detailed discussion on Implied Consent driver’s license revocation.)