Tribe: Pueblo of Pojoaque
M-49
Driving Under the Influence of Intoxicating Liquor or Drug
(a) It is unlawful for any person who is under the influence of intoxicating liquor or drug to
drive any vehicle within the exterior boundaries of the Pueblo of Pojoaque.
(b) Proof of intoxication shall be based upon evidence of intoxication presented to the Court. (c) Sentencing: For purposes of this section, prior convictions include all driving under the
influence (DUI) convictions from any other jurisdiction and also includes any deferred or
conditionally discharged DUI convictions. Conditions of Tribal Court supervision may include
the requirement that an interlock or similar device be installed in any vehicle driven by the
defendant.
1. First Offense: A person convicted under this section may be sentenced to
imprisonment for a period not to exceed one (1) year or to pay a fine not to exceed five
thousand dollars ($5,000), or both.
2. Second Offense: A person convicted under this section for their second conviction for
driving under the influence in any jurisdiction may be sentenced to imprisonment for a
period not to exceed one (1) year or to pay a fine not to exceed five thousand dollars
($5,000), or both. In addition, Tribal Court may order supervision to extend up to two
years for a second conviction for driving under the influence.
3. Third Offense: A person convicted under this section for their third conviction for
driving under the influence in any jurisdiction may be sentenced to imprisonment for a
period not to exceed one (1) year or to pay a fine not to exceed five thousand dollars
($5,000), or both. In addition, Tribal Court may order supervision to extend up to three
years for a third conviction for driving under the influence.
4. Fourth Offense: A person convicted under this section for their fourth conviction for
driving under the influence in any jurisdiction may be sentenced to imprisonment for a
period not to exceed one (1) year or to pay a fine not to exceed five thousand dollars
($5,000), or both. In addition, Tribal Court may order supervision to extend up to five
years for a fourth conviction for driving under the influence.
5. Fifth and Subsequent Offense: A person convicted under this section for their fifth
or subsequent conviction for driving under the influence in any jurisdiction may be
sentenced to imprisonment for a period not to exceed one (1) year or to pay a fine not to
exceed five thousand dollars ($5,000), or both. In addition, Tribal Court may order lifetime
supervision for a fifth or higher conviction for driving under the influence.
6. Five years or more from the date of conviction, a fifth or subsequent offender may
apply to Tribal Court to modify or close supervision.
7. In addition to any other fine or fee that may be imposed or other condition of
supervision, Tribal Court may order the offender to pay the costs of any court-ordered
screening and treatment programs.