Vehicle
Vehicle
"Vehicle" is defined as “every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including any frame, chassis or body of any vehicle or motor vehicle, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks.” §66-1-4.19(B). "Highway" means “every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction.” §66-1-4.8(B).
“Motor vehicles,” which are a subset of vehicles, are defined as "every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails. §66-1-4.11(I).
The term “vehicle” in §66-8-102 should be interpreted in accordance with legislative intent. State v. Saiz, 2001-NMCA-035, ¶ 2. The purpose of §66-8-102 "is to prevent individuals who, 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 the individual and the public." State v. Richardson, 113 N.M. 740, 742 (Ct. App. 1992).
The DWI statute “is not expressly limited to a type of vehicle with a particular function--all vehicles are included." Richardson at 741. The definition of vehicle does not require that it be primarily, regularly or frequently used on a highway, but rather that it may be lawfully used on a highway.
Therefore, “vehicle” includes:
- Farm tractors. Richardson at 742 ("no one would argue that a farm tractor suddenly veering into oncoming traffic on a highway would be any less dangerous than an automobile operated in the same manner").
- Mopeds. Saiz, 2001-NMCA-035, ¶ 5 (“a moped operated irresponsibly could endanger other traffic on the road”).
Note on Snowmobiles, All-Terrain Vehicles and Off-Highway Motorcycles:
The New Mexico statutes contain the “Off-Highway Motor Vehicle Act,” §66-3-1001 to §66-3-1-1020. Within that Act, under §66-3-1010.3(A)(2), it provides that “[a] person shall not operate an off-highway motor vehicle while under the influence of intoxicating liquor or drugs as provided by Section 66-8-102….” “Off-highway motor vehicle” is defined as being a snowmobile, an all-terrain vehicle or an off-highway motorcycle. §§66-3-1001.1(D)(1)(2)(3). Thus, it appears that DWI charges can be brought against persons operating either a snowmobile, all-terrain vehicle or an off-highway motorcycle in a manner in which they are intended to be driven while allegedly under the influence.