Quotas for Albuquerque Police DWI Unit Encourages Below the Limits Arrests

The Albuquerque Journal reports quotas for police officers assigned to the Albuquerque Police Department's DWI Unit.  The quota requires that DWI officers make 2 DWI/DUI arrests per shift.  This quota has likely contributed to the sharp increase in DWI arrests in Albuquerque for drivers below the .08 limit.

Most people believe DWI requires a breath alcohol level of .08 or higher. The .08 level is the standard traditionally followed by law enforcement.  Many well-intentioned citizens have been will check their breath alcohol levels before getting in their car only to be shocked to find that .08 is not necessarily the standard.

There is a definite trend with Albuquerque DWI Unit to arrest drivers well below .08 at levels as low as .03 and .04.   The law actually allows for  the inherently vague standard of "impaired to the slightest degree." NMSA 66-8-102(A) states: "it is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state."

The New Mexico Court of Appeals State v. Pickett. has taken the “under the influence” language set forth in the statute as meaning  "impaired to the slightest degree." The Court in Pickett cited State v. Sanchez in holding that a driver is “under the influence” of alcohol "if as a result of drinking [the driver ] was less able to the slightest degree...to handle a vehicle..." The court termed this standard as "impaired to the slightest degree" as established in State v. Neal.

The trend toward arresting drivers who are under the .08 limit has been driven by an overzealous DWI policy dictating the arrest of drivers for the mere presence of alcohol in their systems.  It seemed partly motivated by the desire of Albuquerque DWI Unit Officers to maximize their over-time pay.  This motivation was bad enough leading to illegitimate arrests.  However, the quotas are even more disturbing since this indicates a systemic and illegitimate motive for DWI arrests not necessarily dictated by impairment.  In short, Albuquerque DWI Unit officers are pressured into making illegitimate arrests.  Their performance ratings and continued assignment to the Albuquerque Police Department DWI Unit depend on achieving the quota levels.