DWI with Child is Endangerment--"Plus Factor" Not Required

Besides being a mediator and arbitrator, an important part of my practice is also serving as GAL for children and other vulnerable folks.  In this capacity, I've previously written that under NM law DWI and vehicular endangerment of the general public does not constitute child abuse.  Recently the New Mexico Court of Appeals has confirmed that a defendant is "properly convicted of child abuse" by endangerment when he drove a moving vehicle while intoxicated with a child present, even without additional indicia of unsafe driving.