DWI's are all too common in New Mexico and continues to be a huge public safety issue. As of October 2021, New Mexico ranks #6 in the U.S. for the most fatality rates and arrests due to drinking and driving. In 2019, there were 107 alcohol-related vehicle accidents in New Mexico, with 152 people tragically losing their life.

The first DWI offense in New Mexico is considered a misdemeanor, and the penalties are often extremely lenient. Depending on the severity, the law states that the offender may have their driver's license revoked for a period of 90 days, pay small court fines/restitution, or complete community service. In the event that there are higher BAC levels, the offender will have to comply with the above and potentially have an interlock in their car for around six months once their license is renewed. Nearly 75 percent of first time DWI offenders continue driving after they are convicted, so it is evident that a suspended driver's license does very little to actually stop offenders from continuing to drive under the influence.

A second DWI offense is also a misdemeanor, and includes the same punishments as a first time conviction. The only difference is that drug/alcohol classes and treatment are added to their sentence. For a second offense specifically, reoffenders face probation up to 5 years in lieu of jail time, however, rarely receive either consequence to the fullest extent.

The laws are put into place for a reason, so why aren’t they being enforced? Clearly these punishments are not severe enough for many offenders because the recidivism rate is about 50 percent! A DWI does not become a felony until the fourth offense, which is completely illogical...if someone has four DWI's and is not receiving appropriate consequences, there is something wrong with New Mexico state laws. Even with multiple offenses, the courts usually give the MINIMUM sentence. Harsher punishments need to be imposed for people who senselessly get behind the wheel and risk everyone's life around them without a second thought.

Admittedly, there are people who make mistakes and need treatment. Rehabilitation is extremely important and a necessity in certain cases with reoffenders and should be mandatory once sentenced. Offenders can and should be provided with proper resources to attend treatment, all while being held legally responsible for their actions. The outcome will be propitious if the offender faces the consequences of their actions AND receives the treatment they need!

One way of accomplishing this is to impose stricter conditions of release for pre-trial offenders. Instead of only telling them they cannot possess a handgun, drink or drive, or leave the county, the criminal justice system should have an offender be placed on a GPS device, submit weekly drug tests, and attend weekly drug and alcohol treatment. Each of these has costs associated with them, so it would generate a lot of income to the New Mexico economy. This would help fund more treatment services and allow offenders to receive the treatment they need and deserve. 

By signing this petition, you are helping save the lives of loved ones, yourself, and others in your community. If we do not take the steps to make changes that are so desperately needed, innocent people will continue to lose their lives, and people will continue to reoffend without getting the help they may need. Please do your part...let's hold our state officials and DWI offenders accountable. Aside from signing the petition, I encourage you to call or email your representatives to let them know we are not giving up until changes are made! Their contact information is below.

Mayor Tim Keller

Phone: (505) 768-3000       Email: mayorkeller@cabq.gov

 

Governor Michelle Lujan Grisham 

Phone: (505) 476-2200        Contact: https://www.governor.state.nm.us/contact-the-governor/

 

Senator Joseph Cervantes 

Phone: (575) 523-9334    Email: joseph.cervantes@nmlegis.gov

 

Senator Ben Ray Lujan

Phone: (202) 224-6621        Email: info@benraylujan.com

 

Representative Yvette Herrell 

Phone: (202) 225-2365

 

Representative Teresa Legel Fernandez 

Phone: (202) 225-6190

 

Melanie Stansbury 

Phone: (202) 225-6316

 

Senator Martin Heinrich 

Phone: (202) 224-5521

 

Helpful Links

1) Leniency of consequences for multiple DWI offenses in New Mexico: 

https://www.santafenewmexican.com/news/local_news/repeat-dwi-offender-owens-gets-5-months-in-jail/article_5de5f936-9294-5aad-9a92-a385feceeb39.html

2) Effects of drinking and driving:

https://www.newmethodwellness.com/effects-of-drunk-driving-accidents/

3) Rehabilitation Information for Addicts: 

https://www.addicted.org/new-mexico-long-term-drug-rehab.html