Not All Offenders Get Interlocks; Enforcement Of DWI Law Uneven

By Jeff Proctor
Journal Staff Writer

The national Mothers Against Drunk Driving chapter this week held New Mexico up as an example for the rest of the nation in using ignition interlock devices to fight DWI.
But in the 16 months since New Mexico passed a law requiring first-time drunken drivers to install alcohol-detecting devices in their vehicles, there has been a wide gap between the number of convictions and the number of devices actually installed.
Ignition interlocks require a sober driver to blow into the device in order to start the vehicle.
The law took effect June 17, 2005. Since then, about 16,000 people have been convicted statewide on DWI charges. About 13,000 have been ordered to get interlocks installed, but only about 6,000 have done so, according to Rachel O'Connor, state DWI czar.
"At this point in time, New Mexico has the highest rate of installations anywhere in the country," O'Connor said. "There is work to be done."
O'Connor gave three reasons why a number of offenders haven't installed interlocks.
A large percentage of motorists convicted in the first few months after the law took effect were arrested prior to June 17, she said.
Some counties are also allowing DWI offenders to sign an affidavit saying they don't own a vehicle, she said.
Finally, some courts are not uniformly enforcing the law, she said.
O'Connor said there are plans to push legislation during the next session to "close some of the loopholes."
"We anticipated there would be some bugaboos, but its clear that this governor and the Legislature wants all DWI offenders to have interlocks and we're committed to seeing that through," she said.
MADD announced on Monday a campaign to get the other 49 states to fall in line with New Mexico on the interlocks-for-first-timers law.
New Mexico's law— which further requires offenders to get an interlock drivers license— was part of Gov. Bill Richardson's multi-pronged approach to battling drunken driving that also includes statewide blitzes and public-awareness campaigns.
New Mexico had only required second-time offenders or first-time aggravated offenders to get the device.