0001| HOUSE BILL 275 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MIMI STEWART | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO MOTOR VEHICLES; AUTHORIZING COURTS TO REQUIRE AS A | 0012| CONDITION OF RELEASE ON BOND THAT A DWI DEFENDANT HAVE AN | 0013| IGNITION INTERLOCK DEVICE INSTALLED ON HIS MOTOR VEHICLE; | 0014| PROVIDING THAT CERTAIN DWI OFFENDERS BE REQUIRED TO INSTALL | 0015| IGNITION INTERLOCK DEVICES ON THEIR MOTOR VEHICLES; ENACTING | 0016| NEW SECTIONS OF THE NMSA 1978. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. A new section of Chapter 66, Article 8 NMSA | 0020| 1978 is enacted to read: | 0021| "[NEW MATERIAL] CONDITION OF RELEASE--USE OF MOTOR | 0022| VEHICLE IGNITION INTERLOCK DEVICE.-- | 0023| A. When a person is arrested and charged with a | 0024| violation of Section 66-8-102 NMSA 1978, the court may require | 0025| as a condition of release on bond that the person: | 0001| (1) have installed on the motor vehicle owned | 0002| by the person or on the motor vehicle most regularly driven by | 0003| the person, a motor vehicle ignition interlock device that uses | 0004| a deep-lung breath analysis mechanism to make impractical the | 0005| operation of the motor vehicle if ethyl alcohol is detected in | 0006| the operator's breath; and | 0007| (2) not operate any motor vehicle unless the | 0008| motor vehicle is equipped with a motor vehicle ignition | 0009| interlock device. | 0010| B. If the person is required to have the motor | 0011| vehicle ignition interlock device installed, the court shall | 0012| require the person to have the device installed on the | 0013| appropriate motor vehicle, at the person's expense, before the | 0014| thirtieth day after the date the person is released on bond. | 0015| The court shall require the person to provide evidence to the | 0016| court within the thirty-day period that the motor vehicle | 0017| ignition interlock device has been installed on the vehicle. | 0018| C. The court may designate an appropriate agency to | 0019| verify the installation of the motor vehicle ignition interlock | 0020| device and to monitor the device." | 0021| Section 2. A new section of Chapter 66, Article 8 NMSA | 0022| 1978 is enacted to read: | 0023| "[NEW MATERIAL] PERSONS CONVICTED FOR AGGRAVATED | 0024| DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR | 0025| DRUGS--PERSONS CONVICTED A SECOND OR SUBSEQUENT TIME FOR | 0001| DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR | 0002| DRUGS--USE OF MOTOR VEHICLE IGNITION INTERLOCK DEVICE.-- | 0003| A. In addition to any other penalties imposed | 0004| pursuant to the provisions of Section 66-8-102 NMSA 1978, when | 0005| a person is convicted for aggravated driving while under the | 0006| influence of intoxicating liquor or drugs or convicted a second | 0007| or subsequent time for driving while under the influence of | 0008| intoxicating liquor or drugs, the court shall order that the | 0009| person have installed on the motor vehicle owned by the person | 0010| or on the motor vehicle most regularly driven by the person, a | 0011| motor vehicle ignition interlock device that uses a deep-lung | 0012| breath analysis mechanism to make impractical the operation of | 0013| the motor vehicle if ethyl alcohol is detected in the | 0014| operator's breath. | 0015| B. The court shall require the person to have the | 0016| device installed on the appropriate motor vehicle, at the | 0017| person's expense, before the tenth day after the person is | 0018| released from his term of imprisonment. The court shall | 0019| require the person to provide evidence to the court within the | 0020| ten-day period that the motor vehicle ignition interlock device | 0021| has been installed on the vehicle. | 0022| C. The person shall keep the motor vehicle ignition | 0023| interlock device installed on his motor vehicle for a period of | 0024| ninety days. The court may designate an appropriate agency to | 0025| verify the installation of the motor vehicle ignition interlock | 0001| device and to monitor the device. | 0002| D. The provisions of this section shall not be | 0003| interpreted to allow a person whose driver's license has been | 0004| suspended or revoked to lawfully operate a motor vehicle." | 0005| Section 3. EFFECTIVE DATE.--The effective date of the | 0006| provisions of this act is July 1, 1997. | 0007|  |