Three Strikes & Your Car May Be Out with New Santa Fe New Mexico DWI Law!
DUI penalties may include license suspension, probation, jail time, and potentially the sale of your vehicle-at least for third-time convicted offenders in Santa Fe, Mexico!
The Santa Fe City Council has recently passed a tough DWI policy allowing police to seize and sell the vehicles of people who are convicted of drunk driving for a third time. This new Santa Fe New Mexico DWI law also applies to any person who is caught drinking and driving on a suspended license.
Even first-time offenders may find themselves in big trouble with this Santa Fe DWI law. Upon a first arrest for DUI and even before the case is decided, a drunken driving suspect could have his or her car immobilized for up to six months unless agreeing to install an ignition interlock.
This new Santa Fe DWI law is not without controversy, as city officials and civil rights advocates have expressed differing opinions.
City Councilor Patti Bushee is a major backer of the Santa Fe DWI law and has described it as "the ultimate hammer" for repeat New Mexico DWI offenders with serious problems in an online story of the Free New Mexican.
On the other hand, the Executive Director of the American Civil Liberties Union of New Mexico has expressed his concern about the ordinance denying the due process rights of first-time offenders.
While the ordinance allows suspects to have an administrative hearing promptly following their arrest to contest whether law enforcement had probable cause to make the arrest and seize their vehicle, Peter Simonson worries that the hearing officer may not be qualified to determine probable cause.
Simonson has also said that the ACLU of New Mexico will follow how Santa Fe implements the program and then decided whether or not to file a legal challenge. Santa Fe police will begin working on the specifics behind the program in the next couple of weeks and are unsure at the moment of when it will officially take place.
This new Santa Fe DWI ordinance comes in reaction in large part to local incidents in which a cyclist was killed by a drunken driver in 2005 and five family members were slain by a repeat drunken driver in November of 2006.
Local, state and national agencies are approaching DUI charges with even more tenacity and are making the costs of driving under the influence of alcohol or drugs far more serious.
Whether it's increasing the penalties for a breathalyzer refusal, bolstering zero tolerance policies for underage drinkers, or doing all that's possible to take the keys out of the hands of repeat offenders, DUI enforcement is aiming to make people think twice about drinking and driving.
If you've been charged for drunk driving, be sure to speak with an experienced DUI lawyer in your area who can begin to assess your situation and educate you on your legal rights and options, and the DUI laws in your state.
