 In New Mexico, the Blood Alcohol Content (BAC) at which you’re presumed impaired is: % for drivers 21 and over % for those drivers under 21; and % for drivers who hold a commercial driver license and are operating a commercial vehicle. *** Please note this pertains to Revocation and not the criminal case.

 Implied Consent* – over 21 years of age (at or above 0.08%) - 1st Offense – 6 months for failing a chemical test - 1st Offense – One year for refusing a chemical test - 2nd or Subsequent Offense – One year for failing or refusing a chemical test

 Implied Consent* – under 21 years of age (at or above 0.02%) - 1st and subsequent – One year for failing or refusing a chemical test  Please remember this only applies to the revocation process, the criminal matter is completely separate and requires the.08% for the Per Se Limit.

 New Mexico Law states that upon conviction the courts will submit to have the license revoked with the arrest clause attached.  Criminal Conviction of DWI in Court - 1st Offense – One Year - 2nd Offense – Two Years - 3rd Offense – Three Years - 4th or Subsequent Offense – Lifetime

 The revocation period for both Implied Consent and Criminal Conviction will not exceed a combined period of more than: - One year for one DWI - Two years for two DWIs - Three years for three DWIs - Lifetime for a 4th or subsequent DWI

 Criminal Conviction of DWI in Court (Commercial Driver License while operating a Commercial Vehicle at or above 0.04%) - 1st Offense – One year disqualification - 2nd Offense – Lifetime disqualification

 Despite the fact that all offenders in New Mexico are required to install an ignition interlock in their vehicle, currently only about 32 percent actually do.  The majority of offenders abscond and do not go to court, are not convicted, or tell judges they do not own a car or will not be driving. Interestingly, those who claim to not own a car are three times more likely to be re-arrested.

 The following are some of the questions that have come up regarding the interlock device.

 I have stopped a guy who has an Interlock device installed but does not have an Interlock License or endorsement and when run is showing arrest pursuant to the 122g clause.  The driver has not applied or been approved for the interlock license. He should be arrested.

 Attorneys will often advise their clients to obtain the device as a show of good faith. Basically showing the Judge they are trying to do the right thing.  This does not mean the are in accordance with the law, it just means they are jumping the gun on something they know is inevitable.

 I stopped this lady and she has the Interlock Drivers License but there is not an interlock installed in the vehicle she is driving. It is a friends car.  The driver has not complied with NM law and should be arrested.

 You have stopped a driver and he smells of alcohol. He has the interlock license and has the interlock installed.  Several repeat offenders and some first timers are figuring ways to cheat the system.

 Have the driver shut the car off and remove the keys for a minimum of two minutes. This allows the machine to turn completely off. Then have the driver restart the car utilizing the interlock device.  We are learning that drivers are using other passengers (mostly kids) or some type of small generator to push air into the device to cheat the system.

 I stopped this guy and he tells me that his interlock does not work and has to have someone else blow into it because he just used mouthwash and it triggers the interlock.  WRONG – Have him shut the car off and take the keys out. Wait the couple of minutes to let the machine turn off completely, than have him restart the car.

 This can be caused be several different things, like mouthwash, hand sanitizer, etc. But those odors only stay in the air for a short period of time and upon recycling the machine by shutting it off you eliminate that problem.

 You have stopped a motorist and their license returns Suspended/ Revoked w/ 122g eligible to reinstate. The driver tells you that he has served his time and is no longer revoked.  WRONG – To be in accordance with the law the driver is required to pay the reinstatement fee. He is still revoked and should be arrested.

 Some interlocks have different mechanisms to alert you the driver is not in compliance, or is trying to avoid using the device. Be aware that some of the machines will cause the horn to continually honk if the driver fails to blow into the machine when prompted. They also have machines that will shut down the car.

 If you have any other questions that were not answered here please feel free to contact the Training Bureau by ing your question to:  Thank you