New Mexico Administrative Code, Chapter 18, Part 6: Community DWI Prevention Program

18 NMAC 20.6.1 Issuing Agency

New Mexico State Highway and Transportation Department
Post Office Box 1149
Santa Fe, New Mexico 87504-1149
(505) 827-0427

18 NMAC 20.6.2 Scope

All local governments and general public.

18 NMAC 20.6.3 Statutory Authority

This rule is adopted pursuant to NMSA 1978, Sections 31-12-7 and 31-12-9.

18 NMAC 20.6.3A Pre-NMAC Regulatory Filing History

The material in this Part was derived from that previously filed with the State Records and Archives under SHTD Rule 91-5, Community DWI Prevention Program, filed December 13, 1991.

18 NMAC 20.6.4 Duration

Permanent.

18 NMAC 20.6.5 Effective Date

July 1, 1998, unless a later date is cited at the end of a section or paragraph.

18 NMAC 20.6.6 Objective

6.1 The purpose of this rule is to establish procedures for implementation of NMSA 1978, Section 31-12-9. This includes providing procedures for local governments to submit applications to the Traffic Safety Bureau for funding of Driving While Impaired (DWI) Prevention projects, minimum requirements for those applications and the basis by which funds will be distributed.

18 NMAC 20.6.7 Definitions

7.1 Community -- any municipality or county government or any combination thereof whose governing bodies mutually agree to jointly submit an application.

7.2 Comprehensive Community DWI Prevention Program -- a program that reflects an integrated approach to the community's alcohol related traffic safety problems, incorporates multiple approaches to these problems over a sustained period of time and ensures that public and private entities work in concert to address these problems.

7.3 DWI Prevention Project -- an activity that has a clear and measurable effect on the Driving While Impaired (DWI) problems in the community.

18 NMAC 20.6.8 Comprehensive Community DWI Prevention Program

8.1 Any community may apply for funding of a DWI Prevention Project provided that:

8.1.1 The community establish a task force of community representatives that will prepare a comprehensive community DWI prevention plan that addresses the issues outlined in paragraph 3 of this section.

This task force must adequately represent the following disciplines
      1. Law enforcement;
      2. Community traffic safety groups;
      3. Local health department office;
      4. Courts;
      5. Prosecution;
      6. Schools;
      7. Media;
      8. Emergency medical services; and
      9. Other interested parties.

8.1.2 The task force identify the DWI prevention activity that is on-going locally in the following areas:
      1. Education programs in the schools and at the workplace;
      2. Public information activities aimed at the driving public;
      3. DWI enforcement activities including; number of DWI arrests, number of police officers involved in DWI enforcement, status of use of sobriety check-points at peak hours, number of citations for open-container violations, average blood alcohol concentration of offenders, amount of enforcement of under age drinking laws and serving intoxicated person laws;
      4. Court activities including case reporting, service of bench warrants, sentence compliance by offenders, probation follow-up and alternative sentencing options, and prosecution activities of the applicable legal office; and
      5. Other activities aimed at reducing DWI such as designated driver programs, subsidized taxi service, alcohol server training, Project Graduation, etc.

8.1.3 The task force identify the activities it intends to implement in each of the above mentioned areas in an application to be submitted to the Traffic Safety Bureau. The activities to be implemented must be determined by using a process established by the Traffic Safety Bureau. The process will be made available to the communities by Traffic Safety Bureau prior to submission deadlines established by this rule. A community may choose not to address one or more of the above issues only if it can document that the issue(s) is already being adequately addressed by other resources or activities.

18 NMAC 20.6.9 Application Process

9.1 All applications must be received by the Traffic Safety Bureau by June 1st of each year. However multi-year applications may be submitted but funding will only be authorized for the projects scheduled to be implemented during the first year. The out year projects will be authorized on a year to year basis.

9.2 Project periods shall fun from July 1 or the date of Traffic Safety Bureau approval whichever is later to the following June 30.

Last updated 11/07/00