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COMMERCIAL DRIVERS INFORMATION
Commercial drivers accused of DWI in New Mexico face several unique challenges. Licensing, different blood alcohol levels and the potential of lifetime commercial license disqualification make a charge of DWI much more serious for a commercial driver than a typical motorist. This information is set out in New Mexico Statute 66-5-68.
DWI violations in a commercial motor vehicle?
New Mexico DWI law regarding commercial drivers while actually operating a commercial motor vehicle sets a lower presumptive limit for blood alcohol concentrations. For an operator of a commercial motor vehicle, the presumptive level of intoxication is .04, which is half of the .08 presumptive level for operators of a non commercial vehicle.
Administrative Revocation:
The New Mexico Motor Vehicle Department will administratively revoke the commercial driver's license of the operator of a commercial motor vehicle if he or she is arrested and their breath or blood score is .04 or greater, or if they refuse breath or blood testing. Additionally, the driver will be disqualified from driving a commercial motor vehicle for one year. To contest the revocation, the driver must request a hearing within 10 days of the arrest or receipt of the notice of revocation.
Criminal Prosecution:
A commercial driver charged with DWI who is arrested while operating a commercial motor vehicle is presumed to be intoxicated if his or her breath or blood score is .04 or greater, thus the prosecution does not have to prove the driver is .08, only that the breath or blood reading was .04.
If convicted, the commercial driver faces the same criminal sanctions as any other driver but, in addition, the driver will be disqualified from driving a commercial motor vehicle for one year.
Three Year Disqualification:
If a commercial driver is administratively revoked, or criminally convicted and the offense occurred while transporting hazardous material requiring a placard, the New Mexico Motor Vehicle Department is required to disqualify the driver from driving a commercial motor vehicle for a period of at least three years.
Lifetime Disqualification:
A commercial driver is subject to a mandatory lifetime disqualification if convicted of two or more violations of Subsection B of NMSA 65-5-68 or any combination of those offenses arising from two or more separate incidents.
Commercial Drivers risk loss of their Commercial Driver's License, even in a non-commercial vehicle
Under New Mexico Law, licensed commercial drivers who are arrested and blow over the presumptive or per se limit of .08 in a non commercial motor vehicle will be disqualified from driving a commercial motor vehicle for a period of at least one year.
Commercial Drivers are also disqualified for at least one year if convicted of a DWI even in a non-commercial vehicle
New Mexico Law mandates the one year disqualification of a commercial driver who is convicted of a DWI, whether under state law or the municipal codes of municipalities within the state, or the law of another state.