State v. Wenger5/19/1999
n wholesale fashion all of the definitions of driving set forth in Section 66-1-4.4(K), whether on the highway or not, into Section 66-8-102, we believe that the Supreme Court's more recent adoption of UJI 14-4511 more faithfully reflects the pertinent statutory language. In addition, the adoption of UJI 14-4511 gives primacy to the rule that we attempt to give effect and meaning to all parts of a statute, reconciling them where possible, rather than holding that one takes precedence over any other. See High Ridge Hinkle Joint Venture v. City of Albuquerque, 1998-NMSC-050, 5, 126 N.M. 413, 970 P.2d 599 (reciting the rule "that where several sections of a statute are involved, they must be read together so that all parts are given effect"); Key v. Chrysler Motors Corp., 1996-NMSC-038, 121 N.M. 764, 769, 918 P.2d 350, 355 (restating the general principle of statutory construction that statutes are to "be read in their entirety and each part construed in connection with every other part to produce a harmonious whole"); State ex rel. Maloney v. Neal, 80 N.M. 460, 462, 457 P.2d 708, 710 (1969) (applying the rule that, if possible, a statute "should be construed to give effect to all of its provisions so that one part will not destroy another"). We believe that this construction of the DWI statutes is preferable to the one in Boone's footnote one which held that Section 66-8-102(A) necessarily incorporates the definition of driver, a part of which (the part about "upon a highway") is then read out of existence by the presence of Section 66-7-2(B).
{16} This result not only serves what our cases have held to be the legislative intent of the DWI statute, but also results in a common-sense application of the statute. The public policy behind the DWI statute is to protect the public by removing intoxicated drivers from New Mexico's roads. See Incorporated County of Los Alamos v. Johnson, 108 N.M. 633, 634, 776 P.2d 1252, 1253 (1989); see also Harrison, 115 N.M. at 77, 846 P.2d at 1086 (noting the policy behind the DWI statute is to "prevent individuals from driving or exercising actual physical control over a vehicle when they, either mentally or physically, or both, are unable to exercise the clear judgment and steady hand necessary to handle a vehicle with safety both to themselves and the public"); State v. Richardson, 113 N.M. 740, 742, 832 P.2d 801, 803 (Ct. App. 1992) (same).
{17} Charging intoxicated drivers on our highways with DWI clearly serves the underlying policies of the DWI statute, whether the vehicle is moving or not. So too does the application of the statute to intoxicated drivers of moving vehicles on private property. The application of the DWI statute to stationary vehicles on private property, however, would not as clearly serve such purposes. In fact, the situation in which the opposite result would obtain is likely quite common. For example, an individual who gets behind the wheel in a private residential driveway or the private parking lot of a public restaurant or bar only to then realize that he or she is too intoxicated to drive could be charged with DWI, despite the fact that this decision not to drive is a preferable outcome to having the intoxicated person put the car in motion. We therefore hold that the DWI statute, Section 66-8-102, does not apply to an individual solely in actual physical control of a non-moving vehicle on private property.
CONCLUSION
{18} The trial court's dismissal of the DWI charge against Defendant is hereby affirmed.
{19} IT IS SO ORDERED.
LYNN PICKARD, Chief Judge
WE CONCUR: THOMAS A. DONNELLY, Judge MICHAEL D. BUSTAMANTE, Judge
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