Notwithstanding the provisions of Section 66-8-102 NMSA 1978 or any municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs, a person convicted of a violation of Section 66-8-102 NMSA 1978 or a violation of a municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs shall be assessed by the court, in addition to any other fee or fine:

A. a fee of eighty-five dollars ($85.00) to defray the costs of chemical and other tests used to determine the influence of liquor or drugs; and

B. a fee of seventy-five dollars ($75.00) to fund comprehensive community programs for the prevention of driving while under the influence of intoxicating liquor or drugs and for other traffic safety purposes.

History: Laws 1981, ch. 367, § 1; 1988, ch. 56, § 5; 1991, ch. 245, § 1; 1997, ch. 203, § 1; 2010, ch. 5, § 1.

Cross references. — For the traffic offense of being under the influence of intoxicating liquor, see 66-8-102 NMSA 1978.

The 2010 amendment, effective July 1, 2010, in Subsection A, increased the fee from sixty five dollars ($65.00) to eighty five dollars ($85.00).

The 1997 amendment, effective June 20, 1997, in Subsection A, substituted "sixty-five dollars ($65.00)" for "thirty-five dollars ($35.00)" and made a minor stylistic change.

The 1991 amendment, effective October 1, 1991, designated a formerly undesignated provision as Subsection A; added Subsection B; and made minor stylistic changes in the introductory paragraph.

The 1988 amendment, effective July 1, 1988, substituted "Section 66-8-102 NMSA 1978" for "Section 66-8-110 NMSA 1978" near the beginning of the section, inserted provisions following the two section references, regarding violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs, inserted "by the court" near the end and substituted "thirty-five dollars ($35.00)" for "twenty-five dollars ($25.00)" also near the end.