Ignition Interlock Devices (IIDs) in New Mexico

What is the purpose of Ignition Interlock Devices (IIDs), and how do they work in New Mexico?

Ignition Interlock Devices (IIDs) are court-ordered breath test devices that must be installed in a vehicle in order to measure a driver’s blood alcohol concentration (BAC) before starting the engine. The purpose of IIDs is to prevent those who have been convicted of driving under the influence (DUI) from operating a motor vehicle with a BAC higher than the legal limit. In New Mexico, an IID is required for all DUI convicts as part of their probationary period. The IID will monitor the driver’s BAC level and will prevent the vehicle from starting if the driver’s BAC is over the legal limit. Drivers must also pass subsequent breath tests while driving in order to ensure they have not been drinking while on the road.

Are IIDs mandatory for DUI or DWI offenders in New Mexico?

Yes, IIDs are mandatory for first-time DUI or DWI offenders in New Mexico. Offenders must have an IID installed and use it for a minimum of one year before being able to obtain a valid driver’s license.

Is there a minimum BAC level or specific circumstances that trigger IID installation in New Mexico?

In New Mexico, if a person is convicted of DWI, an ignition interlock device will be required on all vehicles owned or operated by that person for a period of one year. This requirement applies regardless of the blood alcohol concentration (BAC) level. If the BAC is .16 or greater, the court can order installation for up to three years.

Are there different rules for first-time DUI offenders compared to repeat offenders in New Mexico?

Yes, there are different rules for first-time DUI offenders compared to repeat offenders in New Mexico. For a first-time DUI offender, the most common penalties include a jail sentence of up to 90 days, fines up to $500, license suspension for 90 days, and completion of alcohol education classes. For a repeat offender, the most common penalties include a jail sentence of up to one year, fines of up to $1,000, license suspension for up to one year, and participation in an alcohol treatment program. In addition, in New Mexico there are different rules for aggravated DUI offenses which involve more severe penalties.

How long is an IID typically required to be installed in a vehicle in New Mexico?

The length of time an ignition interlock device is typically required to be installed in a vehicle in New Mexico depends on the conviction. Generally, the requirements range from 6-18 months.

Are there fees associated with the installation, maintenance, and removal of IIDs in New Mexico?

Yes, there are fees associated with the installation, maintenance, and removal of IIDs in New Mexico. The installation fee is $75, the maintenance fee is $70 per month, and the removal fee is $100.

Do IIDs have any impact on insurance premiums for the vehicle owner in New Mexico?

Yes, IIDs do have an impact on insurance premiums for vehicle owners in New Mexico. Insurance companies typically view vehicles that have been equipped with an IID as safer and less risky than vehicles without one. As a result, insurance companies may offer lower premiums to drivers who install an IID in their vehicles.

What happens if a driver fails an IID breath test while attempting to start the vehicle in New Mexico?

If a driver fails an IID breath test while attempting to start the vehicle in New Mexico, the vehicle will not start and the driver may be subject to further action by law enforcement. This could include a citation, an arrest, or other penalties. Additionally, the driver may be required to have an IID installed in their vehicle for a period of time before they can drive again.

Is there a requirement for periodic rolling retests while driving with an IID in New Mexico?

No. There is no state requirement for periodic rolling retests while driving with an IID in New Mexico. However, individuals may wish to have their IID periodically tested to ensure it is working properly.

Can someone other than the offender drive the vehicle with an IID installed in New Mexico?

Yes, someone other than the offender can drive a vehicle with an IID installed in New Mexico, provided that they are over the age of 21 and have provided a breath sample to the device.

Are there penalties for attempting to tamper with or circumvent the IID in New Mexico?

Yes, there are penalties for attempting to tamper with or circumvent the IID in New Mexico. If someone is found guilty of tampering with an IID, they can face up to one year in prison and a fine of between $500 and $1,000. Additionally, the offender’s driver’s license will be revoked for a period of one year. If the person is a repeat offender, they can face even stricter penalties.

How does our state monitor and enforce compliance with IID requirements in New Mexico?

The New Mexico Motor Vehicle Division (MVD) is responsible for monitoring and enforcing compliance with IID requirements in New Mexico. This includes overseeing the installation of IID devices in vehicles, conducting compliance checks, and ensuring that drivers are using their IIDs in accordance with the law. The MVD also monitors the alcohol levels of those required to use an IID and can take action if there is non-compliance.

Is there a process for appealing or contesting the IID requirement in New Mexico?

Yes, a person may appeal or contest the IID requirement by submitting a written request for a hearing. The request must include the name of the driver, the driver’s license number, and the reason why the driver believes the IID requirement should not be imposed. The request must be mailed to the New Mexico Motor Vehicle Division. A hearing will be scheduled within 30 days from the date of the request and a decision will be issued within 30 days of the hearing.

Can individuals request a hardship or restricted license during IID installation in New Mexico?

No, individuals in New Mexico cannot request a hardship or restricted license during IID installation. The only way to get a hardship or restricted license in New Mexico is to apply for it directly from the Motor Vehicle Division.

What happens if someone accumulates violations or fails to comply with IID requirements in New Mexico?

If someone accumulates violations or fails to comply with IID requirements in New Mexico, they may face fines, license revocation, and even jail time. In addition, the court may order the vehicle with the IID installed to be impounded.

Are there provisions for indigent individuals who cannot afford IID costs in New Mexico?

Yes, there are provisions for indigent individuals who cannot afford IID costs in New Mexico. The New Mexico Ignition Interlock Program can provide a reduced fee for qualified indigent individuals who cannot afford to pay the full IID costs. Qualified individuals must meet certain criteria, including a monthly income equal to or less than 200% of the federal poverty level.

How do IIDs impact commercial driver’s licenses (CDLs) and CDL holders in New Mexico?

In New Mexico, the installation of an ignition interlock device (IID) is required for anyone convicted of a second or subsequent DUI/DWI offense. This means that any CDL holder convicted of a subsequent DUI/DWI offense will be required to use an IID in order to regain and/or maintain their CDL. If an IID is installed in a vehicle driven by a CDL holder, the CDL holder must pass a breath test before starting the vehicle. Failure to do so can result in license revocation or suspension. Additionally, the IID must remain installed for at least one year before the CDL holder can regain their license.

Do IIDs differ in requirements for passenger vehicles versus motorcycles or other vehicles in New Mexico?

Yes, IIDs differ in requirements for passenger vehicles versus motorcycles or other vehicles in New Mexico. Motorcycles must have a breathalyzer ignition interlock device (IID) installed for all DWI offenses, while a passenger vehicle only requires an IID for a second or subsequent DWI offense.

Are there resources or organizations that offer support and guidance for IID users in New Mexico?

Yes, there are several resources and organizations that offer support and guidance for IID users in New Mexico. The New Mexico Department of Health Division of Behavioral Health Services provides support and guidance through their Ignition Interlock Device (IID) Program. Additionally, the New Mexico Judicial Education Center is a great resource for information about IIDs and other related topics. The Mothers Against Drunk Driving (MADD) chapter of New Mexico also offers resources and support for IID users.

Can individuals have the IID requirement removed or the duration shortened under certain circumstances in New Mexico?

Yes, individuals in New Mexico may have the IID requirement removed or the duration shortened in certain circumstances. Individuals may petition the court for early removal or modification of the IID requirement if they have completed an approved substance abuse assessment and have completed a rehabilitation program, as well as any other conditions specified by the court. The court will consider a variety of factors, including the individual’s driving record and the reason for the original IID installation, before making a ruling.