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This interactive program is designed to assist judges
in determining the sentencing choices available for
DWI convictions. The judge enters the circumstances
applicable to a particular case, and then the program
provides the minimum and maximum sentencing requirements
and options as set by statute. The program is not a
substitute for a determination of guilt or for independent
judicial decision making. Instead, after a defendant has been found guilty of a DWI offense, it is an aid for quickly calculating the sentencing ranges applicable to an individual case. As always, the judge must determine the appropriate sentence for the defendant within the allowable range for each case.
The program first asks questions about the nature and level of the DWI offense, then provides the jail term, fines and fees that either must (mandatory) or may be (discretionary )imposed on the defendant. The sentencing choices are displayed in two categories: (1) mandatory penalties for the offense; and (2) discretionary, additional penalties that the judge may impose. These choices are based on New Mexico statutory law, current through the 2006 legislative session.
The basic DWI offenses are:
- driving while under the influence of alcohol, §66-8-102(A), or drugs to a degree that renders one incapable to safely drive, §66-8-102(B), regardless of the specific alcohol or drug content (also known as “impaired to the slightest degree,” “simple impairment,” or “simple” DWI). These types of cases may be where the defendant submitted to breath and/or blood testing but the results were not allowed into evidence for whatever reason OR where the test results were below .08 for a driver of a non-commercial vehicle or below .04 for a driver of a commercial vehicle, but were still introduced perhaps as evidence of alcohol consumption; or
- driving with a specific statutorily prohibited level of alcohol, regardless of the demonstrable effect (also known as “per se” DWI). §§66-8-102(C)(1) (a person with .08 or more alcohol content), 66-8-102(C)(2) (a driver of a commercial motor vehicle with .04 or more alcohol content).
The basic Aggravated DWI offenses are:
- driving with an alcohol content of .16 or greater. §66-8-102(D)(1); or
- driving while under the influence of intoxication liquor or drugs, regardless of the amount, and causing bodily injury to a human being as a result. §66-8-102(D)(2); or
- being under the influence of intoxicating liquor or drugs and refusing to submit to breath and/or blood testing as provided for in the Implied Consent Act. §66-8-102(D)(3).
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