HB0470

HOUSE BILL 470

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Tara L. Lujan and D. Wonda Johnson and Daniel A. Ivey-Soto

AN ACT

RELATING TO DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; CREATING THE DWI ACT; AMENDING, REPEALING, ENACTING AND RECOMPILING SECTIONS OF THE MOTOR VEHICLE CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 66-1-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 1) is amended to read:

"66-1-1. SHORT TITLE.--[Articles 1 through 8 of Chapter 64 NMSA 1953] Chapter 66 NMSA 1978 may be cited as the "Motor Vehicle Code"."

SECTION 2. Section 66-1-4.3 NMSA 1978 (being Laws 1990, Chapter 120, Section 4, as amended) is amended to read:

"66-1-4.3. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "camping body" means a vehicle body primarily designed or converted for use as temporary living quarters for recreational, camping or travel activities excluding recreational vehicles unless used in commerce;

B. "camping trailer" means a camping body, mounted on a chassis, or frame with wheels, designed to be drawn by another vehicle and that has collapsible partial side walls that fold for towing and unfold at the campsite;

C. "cancellation" means that a driver's license is annulled and terminated because of some error or defect or because the licensee is no longer entitled to the license, but cancellation of a license is without prejudice, and application for a new license may be made at any time after cancellation;

D. "casual sale" means the sale of a motor vehicle by the registered owner of the vehicle if the owner has not sold more than four vehicles in that calendar year;

E. "chassis" means the complete motor vehicle, including standard factory equipment, exclusive of the body and cab;

F. "collector" means a person who is the owner of one or more vehicles of historic or special interest who collects, purchases, acquires, trades or disposes of these vehicles or parts thereof for the person's own use in order to preserve, restore and maintain a similar vehicle for hobby purposes;

G. "combination" means any connected assemblage of a motor vehicle and one or more semitrailers, trailers or semitrailers converted to trailers by means of a converter gear;

H. "combination gross vehicle weight" means the sum total of the gross vehicle weights of all units of a combination;

I. "commerce" means the transportation of persons, property or merchandise for hire, compensation, profit or in the furtherance of a commercial enterprise in this state or between New Mexico and a place outside New Mexico, including a place outside the United States;

J. "commercial motor vehicle" means a [self-propelled or towed vehicle, other than special mobile equipment] motor vehicle or combination of motor vehicles used [on public highways] in commerce to transport passengers or property [when] if the motor vehicle:

(1) [is operated interstate and] has a gross [vehicle weight rating or gross] combination weight rating [or gross vehicle weight or gross combination weight, of four thousand five hundred thirty-six kilograms, or ten thousand one pounds or more; or is operated only in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight] of more than twenty-six thousand [one or more] pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds;

[(2) is designed or used to transport more than eight passengers, including the driver, and is used to transport passengers for compensation;]

(2) has a gross vehicle weight rating of more than twenty-six thousand pounds;

(3) is designed [or used] to transport sixteen or more passengers, including the driver [and is not used to transport passengers for compensation]; or

(4) is of any size and is used [to transport] in the transportation of hazardous materials [of the type or quantity requiring placarding under rules prescribed by applicable federal or state law], as provided in 49 CFR Part 383.5;

K. "controlled-access highway" means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway, street or roadway except at those points only and in the manner as may be determined by the public authority having jurisdiction over the highway, street or roadway;

L. "controlled substance" means any substance defined in Section 30-31-2 NMSA 1978 as a controlled substance;

M. "converter gear" means any assemblage of one or more axles with a fifth wheel mounted thereon, designed for use in a combination to support the front end of a semitrailer but not permanently attached thereto. A converter gear shall not be considered a vehicle, as that term is defined in Section 66-1-4.19 NMSA 1978, but weight attributable thereto shall be included in declared gross weight;

N. "conviction":

(1) means:

(a) a finding of guilt in the trial court in regard to which the violator has waived or exhausted all rights to appeal;

(b) a plea of guilty or nolo contendere accepted by the court;

(d) the promise to mail a payment on a penalty assessment; and

(2) does not include a conditional discharge as provided in Section 31-20-13 NMSA 1978 or a deferred sentence when the terms of the deferred sentence are met;

O. "crosswalk" means:

(1) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and

(2) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface; and

P. "curb cut" means a short ramp through a curb or built up to the curb."

SECTION 3. Section 66-5-54 NMSA 1978 (being Laws 1989, Chapter 14, Section 3, as amended) is amended to read:

"66-5-54. DEFINITIONS.--As used in the New Mexico Commercial Driver's License Act:

A. "commerce" means:

(1) trade, traffic or transportation within the jurisdiction of the United States between a place in New Mexico and a place outside of New Mexico, including a place outside of the United States; and

(2) trade, traffic or transportation in the United States that affects any trade, traffic or transportation described in Paragraph (1) of this subsection;

B. "commercial driver's license holder" means an individual to whom a license has been issued by a state or other jurisdiction, in accordance with the standards found in 49 CFR Part 383, as amended or renumbered, that authorizes the individual to operate a commercial motor vehicle;

C. "commercial driver's license information system" means the information system created pursuant to the federal Commercial Motor Vehicle Safety Act of 1986 that contains information pertaining to operators of commercial motor vehicles;

[D. "commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

(1) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds;

(2) has a gross vehicle weight rating of more than twenty-six thousand pounds;

(3) is designed to transport sixteen or more passengers, including the driver; or

(4) is of any size and is used in the transportation of hazardous materials, as provided in 49 CFR Part 383.5

E.] D. "conviction" means:

(1) an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law by:

(a) a court of original jurisdiction; or

(b) an authorized administrative tribunal;

(2) an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;

(3) a plea of guilty or nolo contendere accepted by the court;

(4) the payment of a fine or court cost;

(5) a violation of a condition of release without bail, regardless of whether the payment is rebated, suspended or probated;

(6) an assignment to a diversion program or a driver improvement school; or

(7) a conditional discharge as provided in Section 31-20-13 NMSA 1978;

[F.] E. "director" means the director of the motor vehicle division of the department;

[G.] F. "disqualification" means:

(1) a suspension, revocation or cancellation of a commercial driver's license by the state or jurisdiction that issued the commercial driver's license;

(2) a withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle control other than a parking, vehicle weight or vehicle defect violation; and

(3) a determination by the federal motor carrier safety administration that a person is not qualified to operate a motor vehicle;

[H.] G. "division" means the motor vehicle division of the department;

[I.] H. "driving a commercial motor vehicle while under the influence of alcohol" means:

(1) driving a commercial motor vehicle while the driver has an alcohol concentration in the driver's blood or breath of four one hundredths or more;

(2) driving a commercial motor vehicle while the driver is under the influence of intoxicating liquor; or

(3) refusal to submit to chemical tests administered pursuant to Section 66-8-107 NMSA 1978;

[J.] I. "employee" means an operator of a commercial motor vehicle, including full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers; and independent owner-operator contractors, while in the course of operating a commercial motor vehicle, who is either directly employed by or under lease to an employer;

[K.] J. "employer" means a person, including the United States, a state and a political subdivision of a state or their agencies or instrumentalities, that owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle;

[L.] K. "fatality" means the death of a person as a result of a motor vehicle accident;

[M.] L. "gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination vehicle. In the absence of a value specified by the manufacturer, gross combination weight rating shall be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load thereon;

[N.] M. "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle;

[O.] N. "imminent hazard" means a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property or the environment will occur before the reasonable foreseeable completion date of a formal proceeding to lessen the risk of that death, illness, injury or endangerment;

[P.] O. "noncommercial motor vehicle" means a motor vehicle or combination of motor vehicles that is not a commercial motor vehicle;

[Q.] P. "nonresident commercial driver's license" means a commercial driver's license issued by another state to a person domiciled in that state or by a foreign country to a person domiciled in that country;

[R.] Q. "out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle or a motor carrier operation is temporarily prohibited from operating;

[S.] R. "railroad-highway grade crossing violation" means a violation of a provision of Section 66-7-341 or 66-7-343 NMSA 1978 or a violation of federal or local law, ordinance or rule pertaining to stopping at or crossing a railroad-highway grade crossing;

[T.] S. "serious traffic violation" means conviction of any of the following if committed when operating a motor vehicle:

(1) speed of fifteen miles or more per hour above the posted limits;

(2) reckless driving as defined by Section 66-8-113 NMSA 1978 or a municipal ordinance or the law of another state;

(3) homicide by vehicle, as defined in Section 66-8-101 NMSA 1978;

(4) injury to pregnant women by vehicle as defined in Section 66-8-101.1 NMSA 1978 or a municipal ordinance or the law of another state;

(5) any other violation of law relating to motor vehicle traffic control, other than a parking violation, that the secretary determines by regulation to be a serious traffic violation. "Serious traffic violation" does not include a vehicle weight or vehicle defect violation;

(6) improper or erratic lane changes in violation of Section 66-7-317 NMSA 1978;

(7) following another vehicle too closely in violation of Section 66-7-318 NMSA 1978;

(8) texting while driving in violation of Section 66-7-374 NMSA 1978 or a municipal ordinance;

(9) use of a handheld mobile communication device while driving a commercial motor vehicle in violation of Section [1 of this 2016 act] 66-7-375 NMSA 1978 or a municipal ordinance;

(10) directly or indirectly causing death or great bodily injury to a human being in the unlawful operation of a motor vehicle in violation of Section 66-8-101 NMSA 1978;

(11) driving a commercial motor vehicle without possession of a commercial driver's license in violation of Section 66-5-59 NMSA 1978;

(12) driving a commercial motor vehicle without the proper class of commercial driver's license and endorsements pursuant to Section 66-5-65 NMSA 1978 and the Motor Carrier Safety Act for the specific vehicle group operated or for the passengers or type of cargo transported; or

(13) driving a commercial motor vehicle without obtaining a commercial driver's license in violation of Section 66-5-59 NMSA 1978; and

[U.] T. "state of domicile" means the state in which a person has a true, fixed and permanent home and principal residence and to which the person has the intention of returning whenever the person has been absent from that state."

SECTION 4. A new Section 66-14-1 NMSA 1978 is enacted to read:

"66-14-1. [NEW MATERIAL] DWI ACT--SHORT TITLE.--Sections 66-14-1 through 66-14-22 NMSA 1978 may be cited as the "DWI Act"."

SECTION 5. A new Section 66-14-2 NMSA 1978 is enacted to read:

"66-14-2. [NEW MATERIAL] DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR--AGGRAVATED DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR--UNLAWFUL ALCOHOL CONCENTRATIONS.--

A. Driving under the influence of intoxicating liquor consists of a person who is under the influence of intoxicating liquor driving a vehicle within this state.

B. It is unlawful for a person to drive:

(1) a vehicle in this state if the person has an alcohol concentration of eight one hundredths or more in the person's blood or breath within three hours of driving the vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle; or

(2) a commercial motor vehicle in this state if the person has an alcohol concentration of four one hundredths or more in the person's blood or breath within three hours of driving the commercial motor vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle.

C. Aggravated driving under the influence of intoxicating liquor consists of a person:

(1) driving a vehicle in this state with an alcohol concentration of sixteen one hundredths or more in the driver's blood or breath within three hours of driving the vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle;

(2) causing bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor; or

(3) refusing to submit to chemical testing, as provided for in the Implied Consent Act, and in the judgment of the court, based upon evidence of intoxication presented to the court, the driver was under the influence of intoxicating liquor."

SECTION 6. A new Section 66-14-3 NMSA 1978 is enacted to read:

"66-14-3. [NEW MATERIAL] DRIVING UNDER THE INFLUENCE OF INTOXICATING DRUGS--AGGRAVATED DRIVING UNDER THE INFLUENCE OF INTOXICATING DRUGS.--

A. Driving under the influence of an intoxicating drug consists of a person:

(1) who is under the influence of a drug to a degree that renders the person incapable of safely driving a vehicle within this state; or

(2) who is under the influence of a combination of a drug and alcohol to a degree that renders the person incapable of safely driving a vehicle within this state.

B. Aggravated driving under the influence of an intoxicating drug consists of a person causing bodily injury to a human being as a result of unlawful operation of a motor vehicle while driving under the influence of an intoxicating drug."

SECTION 7. A new Section 66-14-4 NMSA 1978 is enacted to read:

"66-14-4. [NEW MATERIAL] FIRST CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--

A. A first conviction for driving under the influence of intoxicating liquor or drugs shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety days or by a fine of not more than five hundred dollars ($500), or both; provided that if the sentence is suspended in whole or in part or deferred, the period of probation may extend beyond ninety days but shall not exceed one year.

B. Upon a first conviction pursuant to this section, an offender shall be sentenced to not less than twenty-four hours of community service.

C. Upon a first conviction pursuant to this

section, an offender may be required to pay a fine of three hundred dollars ($300).

D. Upon a first conviction pursuant to this

section, an offender shall be ordered by the court to participate in and complete a screening program described in Section 66-14-14 NMSA 1978 and to attend a driver rehabilitation program for alcohol or drugs, also known as a "DWI school", approved by the bureau and also may be required to participate in other rehabilitative services as the court shall determine to be necessary.

E. When an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail.

F. If an offender fails to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court or fails to comply with any other condition of probation, the offender shall be sentenced to not less than an additional forty-eight consecutive hours in jail.

G. A jail sentence imposed pursuant to Subsection F of this section or for aggravated driving under the influence of intoxicating liquor or drugs shall not be suspended, deferred or taken under advisement.

H. On a first conviction for driving under the influence of intoxicating liquor or drugs, time spent in jail for the offense prior to the conviction for that offense shall be credited to a term of imprisonment fixed by the court. A deferred sentence pursuant to this subsection shall be considered a first conviction for the purpose of determining subsequent convictions."

SECTION 8. A new Section 66-14-5 NMSA 1978 is enacted to read:

"66-14-5. [NEW MATERIAL] SECOND CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--

A. A second conviction for driving under the influence of intoxicating liquor or drugs shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than three hundred sixty-four days or by a fine of not more than one thousand dollars ($1,000), or both; provided that if the sentence is suspended in whole or in part, the period of probation may extend beyond one year but shall not exceed five years.

B. Notwithstanding any provision of law to the contrary for suspension or deferment of execution of a sentence, upon a second conviction:

(1) an offender shall be sentenced to a jail term of not less than ninety-six consecutive hours, not less than forty-eight hours of community service and a fine of five hundred dollars ($500);

(2) when an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than ninety-six consecutive hours; and

(3) if an offender fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional seven consecutive days in jail.

C. A penalty imposed pursuant to Subsection B of this section shall not be suspended or deferred or taken under advisement.

D. Upon a second conviction for driving under the influence of intoxicating liquor or drugs, an offender shall be required to participate in and complete, within a time specified by the court:

(1) not less than a twenty-eight-day inpatient, residential or in-custody substance abuse treatment program approved by the court;

(2) not less than a ninety-day outpatient treatment program approved by the court;

(3) a drug court program approved by the court; or

(4) any other substance abuse treatment program approved by the court.

E. The requirements imposed pursuant to Subsection D of this section shall not be suspended, deferred or taken under advisement."

SECTION 9. A new Section 66-14-6 NMSA 1978 is enacted to read:

"66-14-6. [NEW MATERIAL] THIRD CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--

A. A third conviction for driving under the influence of intoxicating liquor or drugs shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than three hundred sixty-four days or by a fine of not more than one thousand dollars ($1,000) or both; provided that if the sentence is suspended in whole or in part, the period of probation may extend beyond one year but shall not exceed five years.

B. Notwithstanding any provision of law to the contrary for suspension or deferment of execution of a sentence, upon a third conviction:

(1) an offender shall be sentenced to a jail term of not less than thirty consecutive days, not less than ninety-six hours of community service and a fine of seven hundred fifty dollars ($750);

(2) when an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty consecutive days; and

C. A penalty imposed pursuant to Subsection B of this section shall not be suspended or deferred or taken under advisement.

D. Upon a third conviction for driving under the influence of intoxicating liquor or drugs, an offender shall be required to participate in and complete, within a time specified by the court:

(1) not less than a twenty-eight-day inpatient, residential or in-custody substance abuse treatment program approved by the court;

(2) not less than a ninety-day outpatient treatment program approved by the court;

(3) a drug court program approved by the court; or

(4) any other substance abuse treatment program approved by the court.

E. The requirements imposed pursuant to Subsection D of this section shall not be suspended, deferred or taken under advisement."

SECTION 10. A new Section 66-14-7 NMSA 1978 is enacted to read:

"66-14-7. [NEW MATERIAL] FOURTH CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon a fourth conviction for driving under the influence of intoxicating liquor or drugs, an offender is guilty of a fourth degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a term of imprisonment of eighteen months, six months of which shall not be suspended, deferred or taken under advisement."

SECTION 11. A new Section 66-14-8 NMSA 1978 is enacted to read:

"66-14-8. [NEW MATERIAL] FIFTH CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon a fifth conviction for driving under the influence of intoxicating liquor or drugs, an offender is guilty of a fourth degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a term of imprisonment of two years, one year of which shall not be suspended, deferred or taken under advisement."

SECTION 12. A new Section 66-14-9 NMSA 1978 is enacted to read:

"66-14-9. [NEW MATERIAL] SIXTH CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon a sixth conviction for driving under the influence of intoxicating liquor or drugs, an offender is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a term of imprisonment of thirty months, eighteen months of which shall not be suspended, deferred or taken under advisement."

SECTION 13. A new Section 66-14-10 NMSA 1978 is enacted to read:

"66-14-10. [NEW MATERIAL] SEVENTH OR SUBSEQUENT CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon a seventh or subsequent conviction for driving under the influence of intoxicating liquor or drugs, an offender is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a term of imprisonment of three years, two years of which shall not be suspended, deferred or taken under advisement."

SECTION 14. Section 66-8-101.1 NMSA 1978 (being Laws 1985, Chapter 239, Section 2) is recompiled as Section 66-14-11 NMSA 1978 and is amended to read:

"66-14-11. INJURY TO PREGNANT [WOMAN] PERSON BY VEHICLE.--

A. Injury to pregnant [woman] person by vehicle is injury to a pregnant [woman] person by a person other than the [woman] pregnant person in the unlawful operation of a motor vehicle causing [her] the pregnant person to suffer a miscarriage or stillbirth as a result of that injury.

B. As used in this section:

(1) "miscarriage" means the interruption of the normal development of the fetus, other than by a live birth and which is not an induced abortion, resulting in the complete expulsion or extraction from a pregnant [woman] person of a product of human conception; and

(2) "stillbirth" means the death of a fetus prior to the complete expulsion or extraction of the fetus from [its mother] the pregnant person, irrespective of the duration of pregnancy and which is not an induced abortion; and death is manifested by the fact that after the expulsion or extraction the fetus does not breathe spontaneously or show any other evidence of life such as heart beat, pulsation of the umbilical cord or definite movement of voluntary muscles.

C. Any person who commits injury to pregnant [woman] person by vehicle while under the influence of intoxicating liquor or while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978, provided that violation of speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978."

SECTION 15. Section 66-8-102.5 NMSA 1978 (being Laws 2019, Chapter 79, Section 1) is recompiled as Section 66-14-12 NMSA 1978 and is amended to read:

"66-14-12. DRIVING WHILE INTOXICATED WITH A MINOR IN THE VEHICLE--DRIVING WHILE INTOXICATED WITH A TEENAGE MINOR IN THE VEHICLE--PENALTY.--

A. Driving while intoxicated with a minor in the vehicle consists of a person committing a violation of Section [66-8-102] 66-14-2 NMSA 1978 when a minor is in the vehicle and when the minor does not suffer great bodily harm or death. Whoever commits driving while intoxicated with a minor in the vehicle is guilty of a misdemeanor and shall participate in a parenting class.

B. Driving while intoxicated with a teenage minor in the vehicle consists of a person committing a violation of Section 66-14-2 NMSA 1978 when a teenage minor is in the vehicle and when the teenage minor does not suffer great bodily harm or death. Whoever commits driving while intoxicated with a teenage minor in the vehicle shall pay a penalty assessment of three hundred dollars ($300) and participate in a parenting class.

[B.] C. A charge for a violation of Subsection A or B of this section shall be in addition to a charge for the violation of Section [66-8-102] 66-14-2 NMSA 1978 and shall be punished as a separate offense.

[C.] D. As used in this section:

(1) "minor" means an individual who is younger than thirteen years of age; and

(2) "teenage minor" means an individual who is thirteen years of age or older and younger than eighteen years of age."

SECTION 16. Section 66-8-101 NMSA 1978 (being Laws 1978, Chapter 35, Section 509, as amended) is recompiled as Section 66-14-13 NMSA 1978 and is amended to read:

"66-14-13. HOMICIDE BY VEHICLE--GREAT BODILY HARM BY VEHICLE.--

A. Homicide by vehicle is the killing of a human being in the unlawful operation of a motor vehicle.

B. Great bodily harm by vehicle is the injuring of a human being, to the extent defined in Section 30-1-12 NMSA 1978, in the unlawful operation of a motor vehicle.

C. A person who commits homicide by vehicle while under the influence of intoxicating liquor or while under the influence of any drug is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

D. A person who commits homicide by vehicle while violating Section 66-8-113 NMSA 1978 is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; provided that violation of speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978.

E. A person who commits great bodily harm by vehicle while under the influence of intoxicating liquor, while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; provided that violation of speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978.

F. A person who commits homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or while under the influence of any drug, as provided in Subsection C or E of this section, and who has incurred a prior DWI conviction within ten years of the occurrence for which the person is being sentenced under this section, shall have the person's basic sentence increased by four years for each prior DWI conviction.

G. For the purposes of this section, "prior DWI conviction" means:

(1) a prior conviction under Section [66-8-102] 66-14-2 or 66-14-3 NMSA 1978; or

(2) a prior conviction in New Mexico or any other jurisdiction, territory or possession of the United States, including a tribal jurisdiction, when the criminal act is driving under the influence of alcohol or drugs.

H. A person who willfully operates a motor vehicle in violation of Subsection C of Section 30-22-1 NMSA 1978 and directly or indirectly causes the death of or great bodily harm to a human being is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

SECTION 17. A new Section 66-14-14 NMSA 1978 is enacted to read:

"66-14-14. [NEW MATERIAL] ALCOHOL OR DRUG ABUSE SCREENING REQUIRED.--Upon a conviction for driving under the influence of intoxicating liquor or drugs, an offender shall be required to participate in and complete, within a time specified by the court, an alcohol or drug abuse screening program approved by the department of finance and administration and, if necessary, a treatment program approved by the court. The requirement imposed pursuant to this section shall not be suspended, deferred or taken under advisement."

SECTION 18. A new Section 66-14-15 NMSA 1978 is enacted to read:

"66-14-15. [NEW MATERIAL] SUBSTANCE ABUSE AND COUNSELING TO BE PROVIDED BY THE CORRECTIONS DEPARTMENT UPON A FELONY CONVICTION.--Upon a felony conviction for driving under the influence of intoxicating liquor or drugs, the corrections department shall provide substance abuse counseling and treatment to the offender in its custody. While the offender is on probation or parole under its supervision, the corrections department shall also provide substance abuse counseling and treatment to the offender or shall require the offender to obtain substance abuse counseling and treatment."

SECTION 19. A new Section 66-14-16 NMSA 1978 is enacted to read:

"66-14-16. [NEW MATERIAL] CONVICTIONS IN OTHER JURISDICTIONS.--A conviction pursuant to a municipal or county ordinance in New Mexico, or a law of any other jurisdiction, territory or possession of the United States or of an Indian nation, tribe or pueblo, when that ordinance or law is equivalent to New Mexico law for driving under the influence of intoxicating liquor or drugs and prescribes penalties for driving under the influence of intoxicating liquor or drugs, shall be deemed to be a conviction pursuant to this section for purposes of determining whether a conviction is a second or subsequent conviction."

SECTION 20. A new Section 66-14-17 NMSA 1978 is enacted to read:

"66-14-17. [NEW MATERIAL] COURT MAY IMPOSE ORIGINAL SENTENCE AND NOT GIVE CREDIT FOR TIME ON PROBATION.--With respect to the DWI Act and notwithstanding any provision of law to the contrary, if an offender's sentence was suspended or deferred in whole or in part and the offender violates any condition of probation, the court may impose any sentence that the court could have originally imposed and credit shall not be given for time served by the offender on probation."

SECTION 21. A new Section 66-14-18 NMSA 1978 is enacted to read:

"66-14-18. [NEW MATERIAL] MAGISTRATE COURT CONCURRENT JURISDICTION.--In the case of a first, second or third offense pursuant to the DWI Act, the magistrate court has concurrent jurisdiction with district courts to try the offender."

SECTION 22. Section 66-8-102.1 NMSA 1978 (being Laws 1982, Chapter 102, Section 2, as amended by Laws 2003, Chapter 51, Section 11 and by Laws 2003, Chapter 90, Section 4) is recompiled as Section 66-14-19 NMSA 1978 and is amended to read:

"66-14-19. GUILTY PLEAS--LIMITATIONS.--Where the complaint or information alleges a violation of Section [66-8-102] 66-14-2 or 66-14-3 NMSA 1978, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of [one of the subsections of] Section [66-8-102] 66-14-2 or 66-14-3 NMSA 1978, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to the Implied Consent Act disclose that the blood or breath of the person charged contains an alcohol concentration of:

A. eight one hundredths or more; or

B. four one hundredths or more if the person charged is driving a commercial motor vehicle."

SECTION 23. Section 66-8-102.2 NMSA 1978 (being Laws 1993, Chapter 66, Section 16) is recompiled as Section 66-14-20 NMSA 1978 and is amended to read:

"66-14-20. MUNICIPAL AND COUNTY ORDINANCES--UNLAWFUL ALCOHOL CONCENTRATION LEVEL FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--No municipal or county ordinance prohibiting driving while under the influence of intoxicating liquor or drugs shall be enacted that provides for an unlawful alcohol concentration level that is different than the alcohol concentration levels provided in [Subsections C and D of Section 66-8-102] Section 66-14-2 NMSA 1978."

SECTION 24. Section 66-8-102.4 NMSA 1978 (being Laws 2005, Chapter 269, Section 8) is recompiled as Section 66-14-21 NMSA 1978 and is amended to read:

"66-14-21. UNIFORM POLICE REPORTS AND PROCEDURES FOR DWI ARRESTS.--

A. The department of public safety, in collaboration with the [motor vehicle] division [of the taxation and revenue department] and the [traffic safety] bureau [of the department of transportation], shall develop and periodically review and update standard arrest reports and procedures to be used by law enforcement officers when making an arrest for a violation of the [provisions of Section 66-8-102 NMSA 1978] DWI Act or similar municipal or county ordinances.

B. A law enforcement officer making an arrest for a violation of the [provisions of Section 66-8-102 NMSA 1978] DWI Act or of similar municipal or county ordinances shall use the standard arrest reports and procedures developed and approved by the department of public safety in accordance with the provisions of Subsection A of this section."

SECTION 25. A new Section 66-14-22 NMSA 1978 is enacted to read:

"66-14-22. [NEW MATERIAL] CHEMICAL BLOOD TESTS DIRECTED BY POLICE, JUDICIAL OR PROBATION OFFICER--PERSONS QUALIFIED TO PERFORM TESTS--RELIEF FROM CIVIL AND CRIMINAL LIABILITY--ARREST OR TEST ONLY IN PERFORMANCE OF OFFICIAL DUTIES AUTHORIZED BY LAW.--

A. Only a physician, licensed professional or practical nurse, emergency medical technician or certified phlebotomist, or a technologist employed by a hospital or physician, shall withdraw blood from a person in the performance of a chemical blood test. No such physician, nurse, technician, phlebotomist or technologist who withdraws blood from a person in the performance of a chemical blood test that has been directed by a police officer, or by a judicial or probation officer, shall be held liable in a civil or criminal action for assault, battery, false imprisonment or the conduct of a police officer, except for negligence, nor shall a person assisting in the performance of the test, or a hospital wherein blood is withdrawn in the performance of the test, be subject to civil or criminal liability for assault, battery, false imprisonment or the conduct of a police officer, except for negligence.

B. Nothing in this section is intended to authorize a police officer, or a judicial or probation officer, to make an arrest or to direct the performance of a chemical blood test, except in the performance of that person's official duties and as otherwise authorized by law."

SECTION 26. Section 66-8-105 NMSA 1978 (being Laws 1978, Chapter 35, Section 513) is recompiled as Section 66-14-23 NMSA 1978 and is amended to read:

"66-14-23. IMPLIED CONSENT ACT--SHORT TITLE.--Sections [64-8-105 through 64-8-112 NMSA 1953] 66-14-23 through 66-14-30 NMSA 1978 may be cited as the "Implied Consent Act"."

SECTION 27. Section 66-8-107 NMSA 1978 (being Laws 1978, Chapter 35, Section 515, as amended) is recompiled as Section 66-14-24 NMSA 1978 and is amended to read:

"66-14-24. IMPLIED CONSENT TO SUBMIT TO CHEMICAL TEST.--

A. Any person who operates a motor vehicle within this state shall be deemed to have given consent, subject to the provisions of the Implied Consent Act:

(1) to chemical tests of [his] that person's breath or blood or both that are approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978 as determined by a law enforcement officer; or

(2) for the purpose of determining the drug or alcohol content of [his] the person's blood if the person is arrested for any offense arising out of the acts alleged to have been committed while the person was driving a motor vehicle while under the influence of an intoxicating liquor or drug.

B. A test of blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978, shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor or [drug] drugs."

SECTION 28. Section 66-8-108 NMSA 1978 (being Laws 1978, Chapter 35, Section 516) is recompiled as Section 66-14-25 NMSA 1978 and is amended to read:

"66-14-25. CONSENT OF PERSON INCAPABLE OF REFUSAL NOT WITHDRAWN.--Any person who is dead, unconscious or otherwise in a condition rendering [him] the person incapable of refusal shall be deemed not to have withdrawn the consent provided by Section [64-8-107 NMSA 1953] 66-14-24 NMSA 1978, and the test or tests designated by the law enforcement officer may be administered."

SECTION 29. Section 66-8-109 NMSA 1978 (being Laws 1978, Chapter 35, Section 517, as amended) is recompiled as Section 66-14-26 NMSA 1978 and is amended to read:

"66-14-26. ADMINISTRATION OF CHEMICAL TEST--PAYMENT OF COSTS--ADDITIONAL TESTS.--

A. Only the persons authorized by Section

[66-8-103] 66-14-22 NMSA 1978 shall withdraw blood from any person for the purpose of determining its alcohol or drug content. This limitation does not apply to the taking of samples of breath.

B. The person tested shall be advised by the law enforcement officer of the person's right to be given an opportunity to arrange for a physician, licensed professional or practical nurse, [or laboratory technician or] emergency medical technician or certified phlebotomist or a technologist who is employed by a hospital or physician of [his] the person's own choosing to perform a chemical test in addition to any test performed at the direction of a law enforcement officer.

C. Upon the request of the person tested, full information concerning the test performed at the direction of the law enforcement officer shall be made available to [him] the person as soon as it is available from the person performing the test.

D. The law enforcement agency represented by the law enforcement officer at whose direction the chemical test is performed shall pay for the chemical test.

E. If a person exercises [his] the person's right under Subsection B of this section to have a chemical test performed [upon him] on the person by a person of [his] the person's own choosing, the cost of that test shall be paid by the law enforcement agency represented by the law enforcement officer at whose direction a chemical test was administered under Section [66-8-107] 66-14-24 NMSA 1978."

SECTION 30. Section 66-8-110 NMSA 1978 (being Laws 1978, Chapter 35, Section 518, as amended) is recompiled as Section 66-14-27 NMSA 1978 and is amended to read:

"66-14-27. USE OF TESTS IN CRIMINAL ACTIONS OR CIVIL ACTIONS--LEVELS OF INTOXICATION--MANDATORY CHARGING.--

A. The results of a test performed pursuant to the Implied Consent Act may be introduced into evidence in any civil action or criminal action arising out of the acts alleged to have been committed by the person tested for driving a motor vehicle while under the influence of intoxicating liquor or drugs.

B. When the blood or breath of the person tested contains:

(1) an alcohol concentration of less than four one hundredths, it shall be presumed that the person was not under the influence of intoxicating liquor;

(2) an alcohol concentration of at least four one hundredths but less than eight one hundredths:

(a) no presumption shall be made that the person either was or was not under the influence of intoxicating liquor, unless the person is driving a commercial motor vehicle; and

(b) the amount of alcohol in the person's blood or breath may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor; or

(3) an alcohol concentration of four one hundredths or more and the person is driving a commercial vehicle, it shall be presumed that the person is under the influence of intoxicating liquor.

C. The arresting officer shall charge the person tested with a violation of Section [66-8-102] 66-14-2 NMSA 1978 when the blood or breath of the person contains an alcohol concentration of:

(1) eight one hundredths or more; or

(2) four one hundredths or more if the person is driving a commercial motor vehicle.

D. When a person is less than twenty-one years of age and the blood or breath of the person contains an alcohol concentration of two one hundredths or more, the person's driving privileges shall be revoked pursuant to the provisions of the Implied Consent Act.

E. If the test performed pursuant to the Implied Consent Act is administered more than three hours after the person was driving a vehicle, the test result may be introduced as evidence of the alcohol concentration in the person's blood or breath at the time of the test and the trier of fact shall determine what weight to give the test result for the purpose of determining a violation of Section [66-8-102] 66-14-2 NMSA 1978.

F. The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of blood or the grams of alcohol in two hundred ten liters of breath.

G. The presumptions in Subsection B of this section do not limit the introduction of other competent evidence concerning whether the person was under the influence of intoxicating liquor.

H. If a person is convicted of driving a motor vehicle while under the influence of intoxicating liquor, the trial judge shall [inquire into] review the past driving record of the person before sentence is entered in the matter."

SECTION 31. Section 66-8-111 NMSA 1978 (being Laws 1978, Chapter 35, Section 519, as amended) is recompiled as Section 66-14-28 NMSA 1978 and is amended to read:

"66-14-28. REFUSAL TO SUBMIT TO CHEMICAL TESTS--TESTING--GROUNDS FOR REVOCATION OF LICENSE OR PRIVILEGE TO DRIVE.--

A. If a person under arrest for violation of an offense enumerated in the Motor Vehicle Code refuses upon request of a law enforcement officer to submit to chemical tests designated by the law enforcement agency as provided in Section [66-8-107] 66-14-24 NMSA 1978, none shall be administered except when a [municipal judge] magistrate or district judge issues a search warrant authorizing chemical tests as provided in Section [66-8-107] 66-14-24 NMSA 1978 upon finding in a law enforcement officer's written affidavit that there is probable cause to believe that the person has driven a motor vehicle while under the influence of alcohol or a controlled substance, thereby causing the death or great bodily injury of another person, or there is probable cause to believe that the person has committed a felony while under the influence of alcohol or a controlled substance and that chemical tests as provided in Section [66-8-107] 66-14-24 NMSA 1978 will produce material evidence in a felony prosecution.

B. If a person under arrest for a violation of driving under the influence of intoxicating liquor or driving under the influence of an intoxicating drug submits to a chemical breath test upon request of a law enforcement officer as provided in Section 66-14-24 NMSA 1978, but thereafter refuses upon request of a law enforcement officer to submit to a chemical blood test, no chemical blood test shall be administered except when a magistrate or district judge issues a search warrant authorizing chemical tests as provided in Section 66-14-24 NMSA 1978 upon finding in a law enforcement officer's written affidavit that there is probable cause to believe that the person has committed driving under the influence of an intoxicating drug and that chemical tests as provided in Section 66-14-24 NMSA 1978 will produce material evidence in a misdemeanor prosecution; provided that:

(1) the chemical breath test to which the person submitted resulted in an alcohol concentration of four one hundredths or less in the person's breath;

(2) the person subsequently refused a chemical blood test upon the request of a law enforcement officer; and

(3) the law enforcement officer's written affidavit establishes probable cause to believe that the impairment observed by the law enforcement officer is inconsistent with the result of the chemical breath test and indicates the presence of intoxicating drugs.

[B.] C. The department, upon receipt of a statement signed under penalty of perjury from a law enforcement officer stating the officer's reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor or drugs and that, upon request, the person refused to submit to a chemical test after being advised that failure to submit could result in revocation of the person's privilege to drive, shall revoke the person's New Mexico driver's license or any nonresident operating privilege for a period of one year or until all conditions for license reinstatement are met, whichever is later.

[C.] D. The department, upon receipt of a statement signed under penalty of perjury from a law enforcement officer stating the officer's reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor and that the person submitted to chemical testing pursuant to Section [66-8-107] 66-14-24 NMSA 1978 and the test results indicated an alcohol concentration in the person's blood or breath of eight one hundredths or more if the person is twenty-one years of age or older, four one hundredths or more if the person is driving a commercial motor vehicle or two one hundredths or more if the person is less than twenty-one years of age, shall revoke the person's license or permit to drive or [his] the person's nonresident operating privilege for a period of:

(1) six months or until all conditions for license reinstatement are met, whichever is later, if the person is twenty-one years of age or older;

(2) one year or until all conditions for license reinstatement are met, whichever is later, if the person was less than twenty-one years of age at the time of the arrest, notwithstanding any provision of the Children's Code; or

(3) one year or until all conditions for license reinstatement are met, whichever is later, if the [person has previously had his] person's license had been revoked previously pursuant to the provisions of this section, notwithstanding the provisions of Paragraph (1) of this subsection.

[D.] E. The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of blood or the grams of alcohol in two hundred ten liters of breath.

[E.] F. If the person subject to the revocation provisions of this section is a resident or will become a resident within one year and is without a license to operate a motor vehicle in this state, the department shall deny the issuance of a license to [him] the person for the appropriate period of time as provided in Subsections [B and C] C and D of this section.

[F.] G. A statement signed by a law enforcement officer, pursuant to the provisions of Subsection [B or C] C or D of this section, shall be sworn to by the officer or shall contain a declaration substantially to the effect: "I hereby declare under penalty of perjury that the information given in this statement is true and correct to the best of my knowledge.". The statement may be signed and submitted electronically in a manner and form approved by the department. A law enforcement officer who signs a statement knowing that the statement is untrue in any material issue or matter is guilty of perjury as provided in Section 66-5-38 NMSA 1978."

SECTION 32. Section 66-8-111.1 NMSA 1978 (being Laws 1984, Chapter 72, Section 7, as amended) is recompiled as Section 66-14-29 NMSA 1978 and is amended to read:

"66-14-29. LAW ENFORCEMENT OFFICER AGENT FOR DEPARTMENT--WRITTEN NOTICE OF REVOCATION AND RIGHT TO HEARING.--

A. On behalf of the department, a law enforcement officer requesting a chemical test or directing the administration of a chemical test pursuant to Section [66-8-107] 66-14-24 NMSA 1978 shall serve immediate written notice of revocation and of right to a hearing before the administrative hearings office pursuant to the Implied Consent Act on a person who:

(1) refuses to permit chemical testing; or

(2) submits to a chemical test the results of which indicate an alcohol concentration in the person's blood or breath of:

(a) eight one hundredths or more if the person is twenty-one years of age or older;

(b) four one hundredths or more if the person is driving a commercial motor vehicle; or

B. The written notice of revocation and of a right to a hearing served on the driver shall be a temporary license valid for twenty days or, if the driver requests a hearing pursuant to Section [66-8-112] 66-14-30 NMSA 1978, valid until the date the administrative hearings office issues the order following that hearing; provided that a written notice of revocation and right to a hearing shall not be a temporary license for a driver without any otherwise valid driving privileges in this state.

C. The law enforcement officer shall send to the department the signed statement required pursuant to Section [66-8-111] 66-14-28 NMSA 1978."

SECTION 33. Section 66-8-112 NMSA 1978 (being Laws 1978, Chapter 35, Section 520, as amended) is recompiled as Section 66-14-30 NMSA 1978 and is amended to read:

"66-14-30. REVOCATION OF LICENSE OR PRIVILEGE TO DRIVE-- NOTICE--EFFECTIVE DATE--HEARING--HEARING COSTS--REVIEW.--

A. The effective date of revocation pursuant to Section [66-8-111] 66-14-28 NMSA 1978 is twenty days after notice of revocation or, if the person whose driver's license or privilege to drive is being revoked or denied requests a hearing pursuant to the Administrative Hearings Office Act, the date that the administrative hearings office issues the order following that hearing. The date of notice of revocation is:

(1) the date the law enforcement officer serves written notice of revocation and of right to a hearing pursuant to Section [66-8-111.1] 66-14-29 NMSA 1978; or

(2) in the event the results of a chemical test cannot be obtained immediately, the date notice of revocation is served by mail by the department. This notice of revocation and of right to a hearing shall be sent by certified mail and shall be deemed to have been served on the date borne by the return receipt showing delivery, refusal of the addressee to accept delivery or attempted delivery of the notice at the address obtained by the arresting law enforcement officer or on file with the department.

B. Within ten days after receipt of notice of revocation pursuant to Subsection A of this section, a person whose license or privilege to drive is revoked or denied or the person's agent may request a hearing. The hearing request shall be made in writing and shall be accompanied by a payment of twenty-five dollars ($25.00) or a sworn statement of indigency on a form provided by the department. A standard for indigency shall be established pursuant to rules adopted by the department. Failure to request a hearing within ten days shall result in forfeiture of the person's right to a hearing. Any person less than eighteen years of age who fails to request a hearing within ten days shall have notice of revocation sent to the person's parent, guardian or custodian by the department. A date for the hearing shall be set by the administrative hearings office, if practical, within thirty days after receipt of notice of revocation. The hearing shall be held in the county in which the offense for which the person was arrested took place.

C. The administrative hearings office may postpone or continue any hearing on its own motion or upon application from the person and for good cause shown for a period not to exceed ninety days from the date of notice of revocation and, provided that, upon a continuance, the department shall extend the validity of the temporary license for the period of the postponement or continuation.

D. At the hearing, the administrative hearings office may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers.

E. The hearing shall be limited to the following issues:

(1) whether the law enforcement officer had reasonable grounds to believe that the person had been driving a motor vehicle within this state while under the influence of intoxicating liquor or drugs;

(2) whether the person was arrested;

(3) whether this hearing is held no later than ninety days after notice of revocation; and [either]

(4) whether:

(a) the person refused to submit to a test upon request of the law enforcement officer; and

(b) the law enforcement officer advised that the failure to submit to a test could result in revocation of the person's privilege to drive; or

(5) whether:

(a) the chemical test was administered pursuant to the provisions of the Implied Consent Act; and

(b) the test results indicated an alcohol concentration in the person's blood or breath of eight one hundredths or more if the person is twenty-one years of age or older, four one hundredths or more if the person is driving a commercial motor vehicle or two one hundredths or more if the person is less than twenty-one years of age.

F. The administrative hearings office shall enter an order sustaining the revocation or denial of the person's license or privilege to drive if the hearing officer from the administrative hearings office finds that:

(1) the law enforcement officer had reasonable grounds to believe the driver was driving a motor vehicle while under the influence of intoxicating liquor or drugs;

(2) the person was arrested;

(3) [this] the hearing is held no later than ninety days after notice of revocation; and

(4) either:

(a) the person refused to submit to the test upon request of the law enforcement officer after the law enforcement officer advised the person that the person's failure to submit to the test could result in the revocation of the person's privilege to drive; or

(b) that a chemical test was administered pursuant to the provisions of the Implied Consent Act and the test results indicated an alcohol concentration in the person's blood or breath of eight one hundredths or more if the person is twenty-one years of age or older, four one hundredths or more if the person is driving a commercial motor vehicle or two one hundredths or more if the person is less than twenty-one years of age.

G. If one or more of the elements set forth in Paragraphs (1) through (4) of Subsection F of this section are not found by the hearing officer, the person's license shall not be revoked.

H. A person adversely affected by an order of the administrative hearings office may seek review within thirty days in the district court in the county in which the offense for which the person was arrested took place. The district court, upon thirty days' written notice to the department, shall hear the case. On review, it is for the court to determine only whether reasonable grounds exist for revocation or denial of the person's license or privilege to drive based on the record of the administrative proceeding.

I. Any person less than eighteen years of age shall have results of the person's hearing forwarded by the administrative hearings office to the person's parent, guardian or custodian."

SECTION 34. Section 66-5-501 NMSA 1978 (being Laws 2003, Chapter 239, Section 1) is recompiled as Section 66-14-31 NMSA 1978 and is amended to read:

"66-14-31. IGNITION INTERLOCK LICENSING ACT--SHORT TITLE.--Sections [1 through 4 of this act] 66-14-31 through 66-14-36 NMSA 1978 may be cited as the "Ignition Interlock Licensing Act"."

SECTION 35. Section 66-5-502 NMSA 1978 (being Laws 2003, Chapter 239, Section 2, as amended) is recompiled as Section 66-14-32 NMSA 1978 and is amended to read:

"66-14-32. DEFINITIONS.--As used in the Ignition Interlock Licensing Act:

A. "denied" means the division has refused to issue an instruction permit, driver's license or provisional license pursuant to the provisions of Subsection D or E of Section 66-5-5 NMSA 1978;

B. "ignition interlock device" means a device, approved by the [traffic safety] bureau, that prevents the operation of a motor vehicle by an intoxicated or impaired person;

C. "ignition interlock license" means a driver's license issued to a person by the division that allows that person to operate a motor vehicle with an ignition interlock device after that person's driving privilege or driver's license has been revoked or denied. The division shall clearly mark an ignition interlock license to distinguish it from other driver's licenses; and

D. "revoked" means the division, pursuant to the provisions of Section 66-5-29 or [66-8-111] 66-14-28 NMSA 1978, has terminated a person's driving privilege or driver's license for:

(1) driving while under the influence of intoxicating liquor or drugs; or

(2) a conviction of homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs."

SECTION 36. A new Section 66-14-33 NMSA 1978 is enacted to read:

"66-14-33. [NEW MATERIAL] IGNITION INTERLOCK REQUIREMENT.--

A. Upon a conviction for driving under the influence of intoxicating liquor or drugs, an offender shall be required to obtain an ignition interlock license and have an ignition interlock device installed and operating on all motor vehicles driven by the offender, pursuant to rules adopted by the bureau. Unless determined by the bureau to be indigent, the offender shall pay all costs associated with having an ignition interlock device installed on the appropriate motor vehicles. The offender shall operate only those vehicles equipped with ignition interlock devices for:

(1) a period of one year for a first offender;

(2) a period of two years for a second conviction pursuant to the DWI Act;

(3) a period of three years for a third conviction pursuant to the DWI Act; or

(4) the remainder of the offender's life for a fourth or subsequent conviction pursuant to the DWI Act.

B. Five years from the date of conviction and every five years thereafter, a fourth or subsequent offender may apply to a district court for removal of the ignition interlock device requirement provided in this section and for restoration of a driver's license. A district court may, for good cause shown, remove the ignition interlock device requirement and order restoration of the license; provided that the offender has not been subsequently convicted of driving a motor vehicle under the influence of intoxicating liquor or drugs. Good cause may include an alcohol screening and proof from the interlock vendor that the person has not had violations of the interlock device.

C. An offender who obtains an ignition interlock license and installs an ignition interlock device prior to conviction shall be given credit at sentencing for the time period the ignition interlock device has been in use."

SECTION 37. Section 66-5-503 NMSA 1978 (being Laws 2003, Chapter 239, Section 3, as amended) is recompiled as Section 66-14-34 NMSA 1978 and is amended to read:

"66-14-34. IGNITION INTERLOCK LICENSE--REQUIREMENTS.--

A. A person whose driving privilege or driver's license has been revoked or denied or who has not met the ignition interlock license requirement as a condition of reinstatement pursuant to Section 66-5-33.1 NMSA 1978 may apply for an ignition interlock license from the [division] department.

B. An applicant for an ignition interlock license shall:

(1) provide proof of installation of the ignition interlock device by [a traffic safety bureau-approved] an ignition interlock installer approved by the bureau on any vehicle the applicant drives; and

(2) sign an affidavit acknowledging that:

(a) operation by the applicant of any vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license;

(b) tampering or interfering with the proper and intended operation of an ignition interlock device may subject the applicant to penalties for driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act; and

(c) the applicant shall maintain the ignition interlock device and keep up-to-date records in the motor vehicle showing required service and calibrations and be able to provide the records upon request.

C. A person who has been convicted of homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs, as provided in Section [66-8-101] 66-14-13 NMSA 1978, shall not be issued an ignition interlock license unless the person has completed serving the sentence for that crime, including any period of probation and parole."

SECTION 38. Section 66-5-504 NMSA 1978 (being Laws 2003, Chapter 239, Section 4, as amended) is recompiled as Section 66-14-35 NMSA 1978 and is amended to read:

"66-14-35. PENALTIES.--

A. A person who is issued an ignition interlock license and operates a vehicle that is not equipped with an ignition interlock device is driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act and may be subject to the penalties provided in Section 66-5-39 NMSA 1978.

B. A person who is issued an ignition interlock license and who knowingly and deliberately tampers or interferes with or causes another to tamper or interfere with the proper and intended operation of an ignition interlock device may be subject to the penalties for driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act as provided in Section 66-5-39 NMSA 1978."

SECTION 39. Section 66-8-102.3 NMSA 1978 (being Laws 2002, Chapter 82, Section 2, as amended) is recompiled as Section 66-14-36 NMSA 1978 and is amended to read:

"66-14-36. IMPOSING A FEE--INTERLOCK DEVICE FUND CREATED.--

A. A fee is imposed on a person convicted of driving under the influence of intoxicating liquor or drugs in violation of [Section 66-8-102 NMSA 1978] the DWI Act or adjudicated as a delinquent on the basis of Subparagraph (a) of Paragraph (1) of Subsection A of Section 32A-2-3 NMSA 1978 or a person whose driver's license is revoked pursuant to the provisions of the Implied Consent Act, in an amount determined by rule of the [traffic safety] bureau [of the department of transportation] not to exceed one hundred dollars ($100) but not less than fifty dollars ($50.00) for each year the person is required to operate only vehicles equipped with an ignition interlock device in order to ensure the solvency of the interlock device fund. The fee shall not be imposed on an indigent person.

B. The "interlock device fund" is created in the state treasury. The fee imposed pursuant to Subsection A of this section shall be collected by the [motor vehicle division of the taxation and revenue] department and deposited in the interlock device fund.

C. All money in the interlock device fund is appropriated to the [traffic safety] bureau [of the department of transportation] to cover part of the costs of installing, removing and leasing ignition interlock devices for indigent people who are required, pursuant to convictions [under Section 66-8-102 NMSA 1978] for violations of the DWI Act or adjudications on the basis of Subparagraph (a) of Paragraph (1) of Subsection A of Section 32A-2-3 NMSA 1978 or driver's license revocations pursuant to the provisions of the Implied Consent Act or as a condition of parole, to install those devices in their vehicles. Provided that money is available in the interlock device fund, the [traffic safety] bureau shall pay, for one vehicle per offender, up to fifty dollars ($50.00) for the cost of installation, up to fifty dollars ($50.00) for the cost of removal and up to thirty dollars ($30.00) monthly for verified active usage of the interlock device. The [traffic safety] bureau shall not pay any amount above what an offender would be required to pay for the installation, removal or usage of an interlock device.

D. Indigency shall be determined by the [traffic safety] bureau based on proof of enrollment in one or more of the following types of public assistance:

(1) temporary assistance for needy families;

(2) general assistance;

(3) the supplemental nutritional assistance program, also known as "food stamps";

(4) supplemental security income;

(5) the federal food distribution program on Indian reservations; or

(6) other criteria approved by the [traffic safety] bureau.

E. Any balance remaining in the interlock device fund shall not revert to the general fund at the end of any fiscal year.

F. The interlock device fund shall be administered by the [traffic safety] bureau [of the department of transportation]. No more than ten percent of the money in the interlock device fund in any fiscal year shall be expended by the [traffic safety] bureau [of the department of transportation] for the purpose of administering the fund."

SECTION 40. TEMPORARY PROVISION.--The New Mexico compilation commission shall name Chapter 66, Article 14 NMSA 1978 "Intoxication and Impairment".

SECTION 41. REPEAL.--Sections 66-8-102, 66-8-103 and 66-8-104 NMSA 1978 (being Laws 1953, Chapter 139, Section 54, Laws 1967, Chapter 160, Section 1 and Laws 1978, Chapter 35, Section 512, as amended) are repealed.

SECTION 42. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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