Editorial: DWI Interlock Stays For Drug Offenders

Drugs or alcohol. Impairment is all the same to the New Mexico Court of Appeals where interlocks are concerned. As it should be.

New Mexico’s second highest state court says if you are convicted of driving under the influence of drugs you don’t get out of having to install an ignition interlock device on your vehicle even though it can’t detect the presence of drugs.

The court said the interlock requirement is rationally related to the Legislature’s goal of protecting the public from motorists unable to drive safely because of drugs or alcohol. “In sum, the Legislature is outlawing impaired driving in and of itself, not the method by which one becomes impaired,” the court said.

Although there were 901 DWI convictions in 2010 in which no alcohol was detected in the driver, groups fighting New Mexico’s terrible DWI problem point out that some offenders use both and the interlock will help keep them off the road.

The decision overturns a District Court ruling in the case of a woman arrested for driving under the influence of drugs. A blood test found the presence of the prescription painkiller oxycodone and a sedative.

The woman pleaded guilty to a first-time DWI offense but challenged the interlock requirement. Her attorney plans to ask the state Supreme Court to review the case.

Under New Mexico’s DWI law, which covers both alcohol and drug impaired driving, interlock devices are required on vehicles upon the first DWI conviction for one year, two years for a second conviction, three years for a third conviction and for life for four or more.

While protecting the public, an interlock punishes convicted impaired drivers and reminds them not to attempt to do it again every time they try to start their cars. Given the cost of installing one (about $100) and maintaining it (about $75 monthly) plus the hassle and embarrassment, the interlock can be a strong deterrent.

Unless the state Supreme Court overturns the decision, the interlock remains a part of the New Mexico crime and punishment equation.

So, even if you are not under the influence of drugs, for which you received a conviction, you aren’t going anywhere behind the wheel if you’ve had a drink or two with dinner.

This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.