DRIVING OFFENSES
Alcohol-related driving offenses present special problems for your commander. The status of the member, the location of the offense, and NM State Laws are all factors which will determine what courses of action are available.
Please consult with SJA and/or use applicable directive(s) for specific guidance
Civilian
In the State of NM, it is illegal for someone who is 21 years old or older to drive with a blood alcohol concentration (BAC) of 0.08% or higher. In addition, a driver under 21 years old cannot drive with a BAC of 0.02% or higher.
Title 32 Status
UCMJ does not apply to members in Title 32 status. When a member is Title 32, jurisdiction may exist whether on or off duty. A DUI arrest alone, may be enough to initiate non-judicial punishment or administrative discharge proceedings.
Title 10 Status
UCMJ (Article 111) only applies when member is in Title 10 status. However, under UCMJ, “intoxication” is defined as the “presence in the blood of any amount of alcohol, however small, sufficient to sensibly impair the rational exercise of the mental and physical faculties (required for vehicle operation).”
Thus, alcohol concentration percentage is not the only factor. Instead, results of these tests should be considered together with other evidence of intoxication (manner of driving, sobriety test, observations, etc). Thus, it is entirely possible for a person to be DWI even though a breathalyzer or BAT (blood alcohol test) results in a blood alcohol concentration lower than .08%.