Rio Rancho police arrested a Rio Rancho woman on Friday who was driving intoxicated while her two daughters, age 11 and eight, were in the car with her.

Diane Garcia, 42, resident at 33 Timor Road, Rio Rancho, was arrested for aggravated DWI and two counts of child abuse.

The charge is aggravated because she refused a blood test and her breath test did not register. Officer Andrew Rodriguez received a call at 6:15 p.m. on Friday that there was an intoxicated female at 674 Baltic Way. The officer met with the calling party and her daughter at the residence and the complainant said she received a telephone call from her son that his friend’s mother, Diane Garcia, was at 674 Baltic Way.

Garcia accused the complainant’s son of brining alcohol into her home in a duffle bag. The complainant’s son advised his mother that Garcia was drunk and when the complainant arrived home, Garcia was waiting there.

Garcia confronted the complainant’s daughter, using offending language. The complainant’s daughter copied down the license plate of Garcia’s vehicle. The complainant said Garcia appeared to be under the influence of an alcoholic beverage.

Officer Rodriguez said he would try to make contact with the car, a 2004 dark grey Nissan.

Rodriguez discovered that the car was registered to Kenneth Garcia of 33 Timor Road, so upon arrival to the residence, he saw Diane Garcia exit the car and then help her daughters out of the back seat.

Garcia approached the officer and he asked her if she was at 674 Baltic Way. She said, “Yeah, let me tell you why. I have a whole bag full of alcohol that her son brought into my house! He was providing that to my son! My son is on probation!”

Rodriguez noted that Garcia slurred her words as she spoke, her eyes were bloodshot and watery and she emitted the odor of an alcoholic beverage from her breath and body.

When asked, Garcia said she had been drinking and had taken her prescribed Xanax earlier in the day.

Rodriguez conducted field sobriety tests on Garcia, where he ultimately determined that she was under the influence of an alcoholic beverage and was unable to operate a motor vehicle safely.

The officer arrested Garcia and read her the Implied Consent Act.

According to the police report, Garcia said: “I’m not taking any of your tests! You didn’t get me with my keys in the ignition! You’re (expletive) buddy! You can’t do anything! I wasn’t drinking and driving! Go ahead and take me! You’re a big man. I bet you beat your wife! Are you married? Hey! Answer me! You cops are all the same! My father is a state cop! I know how you are!”

Rodriguez took Garcia to the jail and into the intoxilyzer room, where she said: “I’m not taking any tests! You can’t do this! (laughing)”.

At first, Garcia refused to blow in the IR 8000, but later said: “I’ll blow, but for a dollar.”

The officer said no payment would be made and she placed her mouth around the nozzle and attempted to blow, but air did not go into the nozzle. After this attempt, the machine timed out and indicated an “insufficient sample” had been submitted.

Later, a blood technician arrived and when Garcia saw him, she said: “I’m not allowing you to stick a needle in my arm! You have nothing on me!”

Garica was taken to the Sandoval County Detention center, where she admitted to taking Lexipril and Xanax as well as drinking three beers.

The children were turned over to the custody of their aunt.