House passes bills for stricter DWI laws

The House passed three bills on Thursday night that would increase penalties on crimes related to DWI. One would create a felony for those caught with a DWI while driving on a revoked license, another would add the fourth DWI penalty—which is the first DWI that qualifies as a felony—to the habitual offender statute and […]

The House passed three bills on Thursday night that would increase penalties on crimes related to DWI.

Shoved in Police CarOne would create a felony for those caught with a DWI while driving on a revoked license, another would add the fourth DWI penalty—which is the first DWI that qualifies as a felony—to the habitual offender statute and the third would increase penalties for the fourth through seventh DWI by a year and increases someone’s eighth DWI from a third degree felony to a second degree felony.

The most-discussed bill involved creating a felony for a DWI while on a revoked license, though it was another smaller provision that was most controversial.

Instead, it was the section that said anyone who knowingly permits someone on a revoked license will receive a felony that had many raising hypotheticals including those of a husband and wife who co-own a car. Rep. Paul Pacheco, R-Albuquerque, said that the concerns were overblown.

House Minority Leader Brian Egolf, D-Santa Fe, said he voted for every DWI enhancement for the past two years, but that this one he was worried about the “unintended consequences.” Egolf voted for the other two bills in front of the House on Thursday night.

“Because we can come up with fairly logical, fairly routine hypotheticals where this is troubling, my concern is that we don’t have the language right,” Rep. Matthew McQueen, D-Santa Fe, said.

“This is going to be very narrowly crafted,” Pacheco said when presented with questions about the scope of his bill.

He also said that he designed his bill to “send a message” to the state to be aware of DWI, even if they are not the ones driving.

The bill passed 39-26.

Habitual offender

Rep. Jim Dines, R-Albuquerque, sponsored the bill to add DWI to the habitual offender statute.

The state habitual offender statute increases the penalties on some felonies for each offense. The second qualifying offense would be a one year addition to their sentence. The next would be a four year addition and a fourth or subsequent offense would result in an eight year addition.

This bill would add a fourth DWI to the habitual offender statute. IN other words, if someone had two qualifying offenses and three DWI offenses on their record, a fourth DWI would be subject to the additional penalties.

This has been part of prior court cases before, and Dines said, “We as a legislature must specifically state the intent of the Legislature to have the enhancement apply to both the DWI statute and the habitual offender statute.”

The House agreed and passed the bill 49-116.

Increase penalties

Rep. Sarah Maestas Barnes, D-Albuquerque, sponsored another bill that would increase penalties for DWI. Her version would increase penalties for someone’s fourth through seventh offenses by one year each and make an eighth or subsequent offense a second-degree felony.

When questioned by Rep. Antonio “Moe” Maestas if she thought it would be a deterrent more than the current system, Maestas Barnes said, “Me, personally, I think it’s going to be a deterrent.”

When Maestas asked if she had any data to show that the current statute was not working to deter the fourth or subsequent offenses, Barnes said that you only had to open up a newspaper to see the latest DWI.

“My hometown paper does a remarkable job of marketing crime,” Maestas said, in a not-subtle reference to the Albuquerque Journal.

“I don’t make public policy based on what’s above the fold in my hometown paper,” Maestas said. “I make public policy on data, which we do not have.

Maestas had expressed concern a number of times—on debate of each bill—that there were three bills focused on the same section of law.

When asked about it, Maestas Barnes said that she believed they were three distinct issues related to DWI.

Her bill received the most support of the three bills and passed on a 52-12 vote.

The bills now all head to the Senate.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Republican failed state house candidate Solomon Peña is facing more federal charges, this time on a murder-for-hire scheme.  Peña allegedly tried to hire two…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…

GET INVOLVED

© 2023 New Mexico Political Report