New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 3 - ADMINISTRATION AND USE OF STATE VEHICLES › Section 1.5.3.16 - ALCOHOL, CONTROLLED SUBSTANCE, DRUG, AND TOBACCO USE PROHIBITED REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				authorized driver shall operate a state vehicle while under the influence of
				intoxicating alcohol, controlled substances, or drugs. Nor shall an authorized
				driver transport an individual who has consumed alcohol, controlled substances,
				or drugs. State law enforcement officers investigating criminal activities as
				part of their duties can transport individuals who have consumed alcohol,
				controlled substances, or drugs.
B.
				No authorized driver shall transport intoxicating alcohol of any type, whether
				in open or unopened containers, while operating or occupying a state vehicle,
				unless the person is an employee of the state alcohol and gaming division of
				the regulation and licensing department or a state law enforcement officer
				investigating criminal activities as part of their duties.
C. No authorized driver shall operate a state
				vehicle when he or she is so impaired by a legal drug that renders him or her
				incapable of operating a motor vehicle in a safe and responsible
				manner.
D. No authorized driver or
				passenger shall smoke or use smokeless tobacco products of any type in any
				state vehicle.
E. The driving
				privileges of an authorized driver that is convicted of a DUI citation while
				operating a state vehicle are immediately and permanently revoked.
				Reinstatement of the driving privileges may be requested in writing by the head
				of the state agency in which the employee works. The director or designee will
				review the request and provide the state agency a written determination as to
				the employee's state vehicle driving privileges within ten (10) working days of
				the receipt of the request by the division.
F. It is the sole responsibility of the state
				employee to report all current convictions of driving while intoxicated to
				their immediate supervisor and the director. Failure to comply with this
				section shall cause immediate revocation of their driving privileges of state
				vehicles. It is the director's responsibility to report DUI convictions to the
				state employee's immediate supervisor and cabinet secretary or agency head.
				Disciplinary actions are the responsibility of the state agency.
G. The state authorized driver privileges
				shall be suspended while the employee goes through the DUI court and
				administrative process. If convicted, the authorized driver's state vehicle
				driving privileges shall be revoked. If not convicted, the state agency shall
				notify the director or designee in writing requesting that driving privileges
				be reinstated along with evidence of the dismissal of charges. The director or
				designee will review the request and provide the state agency a written
				determination as to the employee's state vehicle driving privileges within ten
				working days of receipt of the request for reinstatement by the
				division.
H. Revocation of state
				vehicle driving privileges for a DUI conviction extends to the utilization of
				the employee's personal vehicle if it is to be used to conduct state
				business.