NM HB133 DUI Funding Changes

New Mexico's HB133: A Look at Proposed DUI Program Funding for 2026 New Mexico's House Bill 133 (HB133), formally known as the General Appropriation Act of 2026, is currently making its way through the state legislature. Sponsored by Representatives Nathan Small and Meredith Dixon, this bill outlines the proposed budget for various state departments and programs for the upcoming fiscal year.

While the bill itself is broad in scope, covering numerous aspects of state government, it's crucial to examine its potential impact on DUI prevention, treatment, and enforcement initiatives across New Mexico. DUI.Guide breaks down what you need to know.

What HB133 Proposes: A High-Level Overview The General Appropriation Act is essentially a blueprint for how the state government intends to spend taxpayer money.

It specifies the amount of funding allocated to different state agencies, departments, and programs. For DUI-related matters, the bill potentially impacts funding for the following areas:

Law Enforcement: Allocations for state police and local law enforcement agencies, which directly affect their ability to conduct DUI patrols, sobriety checkpoints, and enforce DUI laws.
Judicial System: Funding for courts and prosecutors, impacting the processing of DUI cases, including trials, plea bargains, and sentencing.
Corrections Department: Budget for state prisons and other correctional facilities, influencing resources available for incarcerating individuals convicted of DUI offenses.
Rehabilitation and Treatment Programs: Funding for state-funded or supported alcohol and substance abuse treatment programs, which are often a component of DUI sentencing and rehabilitation.
MVD (Motor Vehicle Division): Resources for the MVD, which handles driver's license suspensions and reinstatements related to DUI convictions.
DWI Resource Center: Budget allocation specifically for educational and support services around driving while intoxicated.

It is important to note that specific line items dedicated solely to “DUI programs” might not be explicitly listed. Instead, funding may be embedded within the budgets of larger agencies.

Analyzing the bill requires careful examination of the allocations for these agencies and their related programs.

Potential Impact on New Mexico Drivers The proposed funding levels in HB133 could have a significant impact on New Mexico drivers, both those who have been charged with DUI and the general public.

Increased Enforcement: If the bill allocates more funding to law enforcement, it could lead to increased DUI patrols and sobriety checkpoints, resulting in more DUI arrests.
Improved Treatment Options: Increased funding for rehabilitation and treatment programs could provide more resources and opportunities for individuals convicted of DUI to address their substance abuse issues, potentially leading to reduced recidivism rates.
Stricter Penalties: The budget can impact how resources are allocated within the judicial system, which can lead to stricter enforcement and potentially more severe penalties for DUI offenders.
MVD Services: Funding changes at the MVD can change the process for license suspension and reinstatement, which can impact driving privileges.
Prevention Efforts: Adequately funded educational programs around the dangers of driving under the influence could positively impact driver behavior. Conversely, if funding is reduced in any of these areas, the opposite effects could occur. For example, reduced funding for treatment programs could limit access to vital resources, potentially leading to higher rates of repeat DUI offenses.

DUI Laws in New Mexico: A Brief Overview To understand the potential impact of HB133, it's important to be familiar with existing DUI laws in New Mexico.

Definition of DUI: In New Mexico, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of drugs (including legal prescription drugs that impair driving ability).
Penalties: DUI penalties in New Mexico vary depending on the number of prior convictions and other aggravating factors.

Penalties can include:

Jail time
Fines
Driver's license suspension
Ignition interlock device installation
Mandatory alcohol and substance abuse treatment
Community service
Implied Consent: New Mexico has an implied consent law, which means that by driving on New Mexico roads, you have implicitly consented to submit to chemical testing (breath, blood, or urine) if arrested for DUI.

Refusal to submit to testing can result in immediate license suspension.

Aggravating Factors: Certain factors can increase the severity of DUI penalties, such as:
High BAC (0.16% or higher)
Causing an accident resulting in bodily injury or death
Having a minor passenger in the vehicle
Administrative vs. Criminal Penalties: New Mexico has both administrative (MVD) and criminal penalties for DUI. A driver can face license suspension through the MVD even if they are not convicted of a criminal DUI offense in court.

Comparison Table: Current DUI Laws vs. Potential Impact of HB13

**Judicial Process : DUI cases processed through the court system; plea bargains and sentencing determined by judges.
**Treatment Programs : State-funded and private alcohol and substance abuse treatment programs available.
**License Suspension : MVD suspends driver's licenses for DUI convictions and refusal to submit to testing.
**Ignition Interlock : Required for many DUI offenders.

Why This Legislation Was Introduced: Context and Rationale The General Appropriation Act is a fundamental piece of legislation that is required to ensure the state government can operate and provide essential services.

The specific funding levels proposed in HB133 are based on a variety of factors, including:

State Revenue: The amount of revenue the state expects to collect through taxes and other sources.
Economic Conditions: The overall health of the economy, which can impact state revenue and demand for government services.
Priorities of the Governor and Legislature: The political priorities of the Governor and members of the legislature, which influence how they allocate funding to different areas.
Needs Assessments: Assessments of the needs of various state agencies and programs, which help determine the appropriate level of funding.

In the context of DUI-related funding, factors such as the number of DUI arrests, the rate of alcohol-related crashes, and the availability of treatment services may all play a role in determining the proposed funding levels.

Practical Information for Affected Drivers If you are arrested for DUI in New Mexico, it's essential to take the following steps:

Contact an Attorney: Consult with a qualified New Mexico DUI attorney as soon as possible.

An attorney can advise you of your rights, explain the charges against you, and represent you in court.

Understand Your Rights: You have the right to remain silent and the right to an attorney.

Do not answer questions from law enforcement without an attorney present.

Comply with MVD Requirements: Understand the administrative penalties imposed by the MVD, including license suspension and reinstatement requirements.
Consider Treatment Options: If you are struggling with alcohol or substance abuse, consider seeking treatment.

Completion of a treatment program can often be a mitigating factor in DUI sentencing.

Be Aware of Deadlines: There are strict deadlines for requesting hearings with the MVD and filing appeals in court.

Make sure you are aware of these deadlines and take timely action to protect your rights.

Stay Informed HB133 is currently pending in the New Mexico legislature and is subject to change.

Keep track of the bill's progress through the state legislature website (https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=133&year=26).

Stay informed about legislative developments that could impact DUI laws and policies in New Mexico. DUI.Guide will continue to provide updates as HB133 progresses through the legislative process.