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STATE EX REL. SCHWARTZ v. KENNEDY

No. 22904.

904 P.2d 1044 (1995)

120 N.M. 619

STATE of New Mexico, ex rel., Robert M. SCHWARTZ, Second Judicial District Attorney, Petitioner, v. Hon. Roderick T. KENNEDY, Judge of the Metropolitan Court, Respondent, and Greg Baca and Ray Holguin, Real Parties in Interest.

Supreme Court of New Mexico.

October 18, 1995.

Attorney(s) appearing for the Case

Robert M. Schwartz, District Attorney, Steven S. Suttle, Assistant Chief Deputy District Attorney, Albuquerque, for Petitioner.

Tom Udall, Attorney General, Frederic S. Nathan, Jr., Assistant Attorney General, Santa Fe, for Respondent.

Roderick T. Frechette, II, Albuquerque, for Real Parties in Interest.

Campbell, Pica, Olson & Seegmiller, Paul DeMuro, Albuquerque, Freedman, Boyd, Daniels, Peifer, Hollander, Guttman & Goldberg, P.A., Gary Nelson, Albuquerque, for NMCDLA.

OPINION

FRANCHINI, Justice.

1. In this case we answer the question whether a conviction for driving while intoxicated (DWI), NMSA 1978, § 66-8-102 (Repl.Pamp.1994), following the revocation of the defendant's driver's license in a civil proceeding for failing or refusing a chemical test for blood-alcohol content administered pursuant to the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (Repl.Pamp.1994), constitutes double jeopardy. We...

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