N.M. Admin. Code § 1.5.3.16 - ALCOHOL, CONTROLLED SUBSTANCE, DRUG, AND TOBACCO USE PROHIBITED REPORTING REQUIREMENTS
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.
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