Hardcore drunk drivers can be defined as individuals who drive with a high blood alcohol concentration (BAC) of .15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment, or education efforts.

Listed below are the terms most closely matching the definition above which could be used in New Mexico to identify these offenders:

"Repeat offender," "Aggravated DWI" (at or above BAC level of .16).
Repeat offenders are defined in statute by 3rd or subsequent offense within 10 years.
DUI becomes a felony on the 4th conviction or with a BAC level at or above .16.

DWI REPORTING


Records on repeat offenses are one of the primary means of tracking the problem of hardcore drunk drivers.

The following are key aspects of New Mexico records:

New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are considered prior offenses in New Mexico within the limits of the law.
The approximate number of licensed drivers is 1.2 million.
The average BAC level of offenders arrested is approximately .16.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1996 there were 7,537 arrests for aggravated DWI. Of those, 6,239 were convictions for aggravated DWI. 4,323 were incarcerated for aggravated DWI in 1996. 8,213 offenders had a BAC level at or above .15 at the time of arrest.

IDENTIFICATION AND ASSESSMENT


Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.


In New Mexico identification of repeat offenders in New Mexico occurs most frequently: Information Not Available.
In New Mexico offenders with a high BAC at the time of arrest are treated as follows:
— All offenders with a BAC level of .16 or higher are charged with aggravated DWI.
In New Mexico following conviction, offenders, as shown, receive a mandatory screening to determine the nature and extent of their alcohol problem:
— All offenders.
In New Mexico the screening is conducted pre-trial or post trial, and the individual sometimes returns to court for final sentencing based on the assessment.
In New Mexico screenings are conducted by one of the following: a court-employed screening, a private agency at the behest of the defense attorney, a state administrative agency specialist or a private agency at the direction of the court and all are at the discretion of the court, county by county. The cost ranges from $50 to $300 and is borne by either the offender, the state or the county. The decision varies county by county.

TREATMENT


Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.


In New Mexico results of the screening are provided to any or all of the following: The offender's attorney, the judge/administrator presiding over the case, the treatment agency, and the prosecutor. The offender is referred to treatment on the basis of the screening by order of the court.
In New Mexico treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the screening.
In New Mexico offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.
In New Mexico the following treatment facility or program specifically targets the hardcore drunk driver: Nizhoni (Department of Health). There are two locally administered programs overseen by the state that vary county by county:
Community DWI Program
County or Local level DWI Program

ENFORCEMENT


While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.

The following enforcement techniques are used in New Mexico to detect and apprehend drunk drivers:

Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.

PROSECUTION AND SENTENCING PRACTICES


A number of factors influence the sentence a drunk driver receives.


In New Mexico there is an Anti-Plea Bargaining Statute for DUI.
In New Mexico the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
In New Mexico at the time of sentencing, an individual's records are available for consideration by the court: Information Not Available. This information includes his or her drunk driving convictions record.
In New Mexico there are graduated penalties for DUI based on number of offenses.

SANCTIONS


Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.

In the State of New Mexico, the following sanctions may only be ordered by the court:

Fines: $300 to $5,000 with mandatory minimums.
Incarceration - Mandatory minimums: For DWI - 2nd offense - 72 consecutive hours, 3rd offense - 30 consecutive days, 4th or subsequent - 6 months. Aggravated DWI - 2nd offense - 96 consecutive hours, 3rd offense - 60 consecutive days, 4th offense - 6 months.
Community Service: DWI/Aggravated DWI 2nd offense - 48 hours mandatory.
Home Confinement with Electronic Monitoring: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Intensive Supervision Probation: At the discretion of the court.
Action Against Offender's Vehicle: Vehicle Immobilization.
— Registration Cancellation/Plate Seizure, Vehicle Impoundment, Vehicle Forfeiture: None.
Other Special Assessments/Surcharges: Victim's Restitution Fund, $35 BAC Test Fee, $75 DWI Program Fee, Driver Safety Course.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
— Suspension/Revocation: New Mexico has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
— Conditional Licensing: At the discretion of the court.
— Alcohol Ignition Interlock: At the discretion of the court.
— Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
— Assessment/Screening/Education/Treatment: In New Mexico, there are two local programs which administer the assessment of repeat offenders and oversee the disposition of their treatment:
Community DWI Program
County or Local DWI Program
— Intensive Weekend Intervention: At the discretion of the court.