New Mexico Breathilizer Law

[BwanaDik]

Apparently NM now has a law that requires anybody with a DWI in the last five years or so to have to equip their car with an on board breathilizer. You have to blow into the machine before the car will start and then again some time later to have it continue to run. The DWI is not restricted to NM, it appears to apply if you had one in any State (Don't know how that would work).

My step son got a DWI in Houston several years ago. He no longer drinks (lifestyle change, not necessarily a direct result of the DWI) but, apparently under this law, he'll still have to fit the equipment. It sounds like it mounts on the dashboard so the installer will no doubt tear it up installing it. The licensing and car registration fees are two to four times the normal amount also.

What's up with this? Any way around it? I'm all for cutting down on drunk drivers but this seems a little extreme. Any NM types out there that can give me more details? I can't seem to find much on the Web.

'Zilla? NMRR? Any comments would be appreciated

 

[NMRoadRunner]

I haven't had the pleasure of "renting" one of these devises personaly, but my riding buddies son has, and I'll look into it for you and get back to you, or better yet, get permission from him to have you talk to him derectly. This kid know the ins and outs of the system. What you described dosen't sound exactly right to me. I'm not sure if your son's situation warrants the install, but I'll get you in touch with someone who knows. AJ (Zilla) is at the "Pirate Gathering" In Laughlin AZ, you might send a PM so he'll see it when he get back. Late

 

[SLK50]

What's up with this? Any way around it? I'm all for cutting down on drunk drivers but this seems a little extreme. Any comments would be appreciated

No, it's not extreme, considering there is already a conviction.

It has taken decades, but Americans as a society are finally

beginning to understand that it is not OK to drink and drive.

Try to keep in perspective who the real victim is here.

NM, no longer complacent about drinking is taking steps to do

something about it. I have no sympathies for your step son.

In the end, we are all judged by the decisions we make.

 

[charismaticmegafauna]

NM has a horrible DWI record -- I don't know if it's the worst state?, but I think it's near the top?

I think the State's trying everything it can to get a handle on the problem.

 

[SacramentoMike]

Before this discussion gets too polarized, I might as well say what I'm thinking.

SLK, I think you're absolutely right. I also think you sounded a little harsh, but hey, you may be one of the many many thousands who had someone you cared about killed or injured by a drunk driver. Bwana, I'm glad your S-I-L quit drinking--"several years ago"--and the breathalyzer requirement only lasts for five years, so it won't inconvenience him much longer.

It really pisses me off to read of somebody causing a terrible accident or leading a big high-speed parade of cops down the road and to find out he had a history of multiple DUIs or DWIs. It's high time states--and the public--got serious about that ****.

 

[SkooterG]

Seems a bit harsh to me. Good people make mistakes. Now, I am all for hammering the **** out of somebody that gets a second or more DUI and obviously doesn't 'get it'.

Oh, the stories I could tell from being an LEO in Wyoming once upon a time. I once arrested a guy for DUI and it was his FIFTH in four years. The previous DUI (his fourth) was handled through the municipal court and he was fined several hundred dollars and no jail time. WTF? Since Wyoming (and it's drinking culture) had no felony DUI law, on the DUI I arrested him on he got the max - 6 months in county jail.

Arizona is now one of the hardest states in the nation when it comes to DUI penalties (especially first offense) and I think they have gone too far. As I said, good people make mistakes.

 

[NMRoadRunner]

The problem with DWIs here in NM is not making the arrests, but getting the convictions on offenders. The judges in all these comunities are elected officials and they are very leanient on DWI offenders, you convict one and the whole freeking comunity is related and they won't risk loosing those votes. Kind of like those in Washington, they won't do whats needed for fear of not being re-elected by those who benifit from thier poor voting decisions.But the lawmakers keep on making new laws to try and control the DWI rate here. And this is a direct result of that. I'll will say it is 100% better then just 5 years ago.

 

[ionbeam]

It's Friday, let me throw a match on this tender pile. Ya know, if they were to install the breathalyzer on all cars sold in NM I'm willing to bet that there would be 1) a significant drop in first time offenders 2) a big surcharge on all new vehicles, though the install would look 'factory' 3) there would be a thriving black market to defeat the devil on the dash. Not only would the car have to pass an emissions test, it would have to fail a drunk test. The could hire someone, say Bustanut to work at the inspection stations breathing INTO the breathalyzer to ensure it triggers.

 

[FJRay]

It's Friday, let me throw a match on this tender pile. Ya know, if they were to install the breathalyzer on all cars sold in NM I'm willing to bet that there would be 1) a significant drop in first time offenders 2) a big surcharge on all new vehicles, though the install would look 'factory' 3) there would be a thriving black market to defeat the devil on the dash. Not only would the car have to pass an emissions test, it would have to fail a drunk test. The could hire someone, say Bustanut to work at the inspection stations breathing INTO the breathalyzer to ensure it triggers.

Hell, Bust could do that without leaving the house.

 

[NMRoadRunner]

They are busting drunk drivers who have these installed on thier cars for having thier kids, one was 4 years old, blow into the devise while they drove to the store to get more beer. they cost about $750 to install and rent for $85 a month after that. I tried to get into the install business and the devises are licsensed like slot machines, and all the licsenses are already owned by the politicians or thier close family members and I couldn't get in. Crooked *******s only appear to be helping the comunity, really just helping themselves as always. :angry:

 

[BwanaDik]

What's up with this? Any way around it? I'm all for cutting down on drunk drivers but this seems a little extreme. Any comments would be appreciated

No, it's not extreme, considering there is already a conviction.

It has taken decades, but Americans as a society are finally

beginning to understand that it is not OK to drink and drive.

Try to keep in perspective who the real victim is here.

NM, no longer complacent about drinking is taking steps to do

something about it. I have no sympathies for your step son.

In the end, we are all judged by the decisions we make.

Yea, I thought this was a little harsh too. Please keep in mind I'm trying to figure out what's required, not trying to skirt the law, including any legal way, such as a waiver of some sort, to not have to do it. My step son is now adamant about being squeeky clean when it comes to the law.

OK, say you lived in State X and got a speeding ticket four years ago. You now live in State Y where they're fed up with speeders crashing into other people and so are cracking down on them (speeders kill plenty of folks too). They require the installation of a device that, if you go over the speed limit, it will imobilize your vehicle the next time you stop. You've seen the error of your ways after the first ticket four years ago and keep your speed in check these days but now you're paying for it again even though you're not guilty of anything.

Yep, that seems fair?

 

[scubatech]

Seems a bit harsh to me. Good people make mistakes. Now, I am all for hammering the **** out of somebody that gets a second or more DUI and obviously doesn't 'get it'.

Oh, the stories I could tell from being an LEO in Wyoming once upon a time. I once arrested a guy for DUI and it was his FIFTH in four years. The previous DUI (his fourth) was handled through the municipal court and he was fined several hundred dollars and no jail time. WTF? Since Wyoming (and it's drinking culture) had no felony DUI law, on the DUI I arrested him on he got the max - 6 months in county jail.

Arizona is now one of the hardest states in the nation when it comes to DUI penalties (especially first offense) and I think they have gone too far. As I said, good people make mistakes.

Very good point Scoot.....I agree totaly.

 

[beemerdons]

BwanaDik, I'll send an e-mail to HotRodZilla, if anybody knows the answer to this one, it would be AJ!

 

[Bustanut joker]

It's Friday, let me throw a match on this tender pile. Ya know, if they were to install the breathalyzer on all cars sold in NM I'm willing to bet that there would be 1) a significant drop in first time offenders 2) a big surcharge on all new vehicles, though the install would look 'factory' 3) there would be a thriving black market to defeat the devil on the dash. Not only would the car have to pass an emissions test, it would have to fail a drunk test. The could hire someone, say Bustanut to work at the inspection stations breathing INTO the breathalyzer to ensure it triggers.

Hell, Bust could do that without leaving the house.

wHEre doi SIgN up?///? :drag: :alcoholic:

 

[HotRodZilla]

Ok...Sitting here at lunch at Pirate Central, but on the Arizona side. You boys should see the set of ****ies I'm looking at right now. Nice.

Anyway, so at the table are cops from 3 agencies. NM State Police, Albuquerque Police and Bernalillo County Sheriff's Dept. Two of us specialized in DWIs and the other one still works field stuff.

That being said, I had to make a phone call to confirm what we thought:

A person who gets arrested for DWI can be ordered to submit to an Interlock License in their vehicle for a year from the conviction date. Judges can order multiple years if there are multiple convictions, but that's kind of rare.

Bwana, the consensus is that your SIL should be able to get a regular license if his conviction date is 4 years ago. If they're telling him he needs one, either we're wrong, he's fibbing to you about how many convictions he has, or his conviction date is within the last year, or the person telling him that is wrong.

IF he's ordered to use one, there is no getting around it. Screwing with an interlock device can be a felony, and if he's driving a vehicle without one, he will be arrested for driving with a revoked license which is a mandatory 7 days in jail.

Im typing this on my phone which is a PITA, and im waiting for another call. If I get different info, I'll let you all know.

Arrrrrrrg!!

 

[Bustanut joker]

What? Yer not drinkin are ya

What? Yer not drinkin are ya

 

[ionbeam]

It's Friday, let me throw a match on this tender pile. Ya know, if they were to install the breathalyzer on all cars sold in NM I'm willing to bet that there would be 1) a significant drop in first time offenders 2) a big surcharge on all new vehicles, though the install would look 'factory' 3) there would be a thriving black market to defeat the devil on the dash. Not only would the car have to pass an emissions test, it would have to fail a drunk test. The could hire someone, say Bustanut to work at the inspection stations breathing INTO the breathalyzer to ensure it triggers.

Hell, Bust could do that without leaving the house.

wHEre doi SIgN up?///? :drag: :alcoholic:

Us'ens was sittin' lake side in Mt. Tremblant QC last spring and there was mention of the silly things we do for money. When I saw this NM opportunity I thought it was the perfect match for your skill set making the perfect job match. I hope I have facilitated a new career path. Your only other ideal job may be licking clean the aging barrels from quality brewing/distilling companies. If you find a single malt distiller needing a barrel cleaner LMK, I'm sure we could both do a superior job.

[/Friday]

 

[beemerdons]

HotRodZilla: Send pictures of the real nice ****ies ASAP! Please!

What were we talking about? Mention ****ies and I am distracted!

 

[BwanaDik]

Ok...Sitting here at lunch at Pirate Central, but on the Arizona side. You boys should see the set of ****ies I'm looking at right now. Nice.

Anyway, so at the table are cops from 3 agencies. NM State Police, Albuquerque Police and Bernalillo County Sheriff's Dept. Two of us specialized in DWIs and the other one still works field stuff.

That being said, I had to make a phone call to confirm what we thought:

A person shoo gets arrested for DWI can be ordered to submit to an Interlock License in their vehicle for a year from the conviction date. Judges can order multiple years if there are multiple convictions, but that's kind of rare.

Brana, the consensus is that your SOL should be able to get a regular license if his conviction date is 4 years ago. If they're telling him he needs one, either we're wrong, he's fibbing to you about how many convictions he has, or his conviction date is within the last year.

IF he's ordered to use one, there is no getting around it. Screwing with an interlock device can be a felony, and if he's driving a vehicle without one, he will be arrested for driving with a revoked license which is a mandatory 7 days in jail.

Im typing this on my phone which is a PITA, and im waiting for another call. If I get different info, I'll let you all know.

Thanks AJ, that's a lot closer to what I thought it might be. Sounds like the guy at the DMV was probably wrong. I know Anthony doesn't have another conviction of any type, he's still on our payroll and doesn't have any money to pay for any problems.

Thanks for all the help gang!

Yea, like Don said WE NEED PICTURES!!! No pictures, it didn't happen. Jeeze, you phone has a camera, right??