46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO STATE EMPLOYEES; PROHIBITING A STATE EMPLOYEE FROM DRIVING A STATE VEHICLE WHEN THE EMPLOYEE HAS PREVIOUS CONVICTIONS FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.

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

Section 1. A new section of the Transportation Services Act is enacted to read:

"[NEW MATERIAL] PROHIBITIONS.--

A. A state employee shall not operate a state motor vehicle if the employee has been convicted two or more times for driving while under the influence of intoxicating liquor or drugs or once for aggravated driving while under the influence of intoxicating liquor or drugs.

B. 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 that is equivalent to New Mexico law for driving while under the influence of intoxicating liquor or drugs or for aggravated driving while under the influence of intoxicating liquor or drugs is a conviction for purposes of determining whether a conviction is a second or subsequent conviction.

C. As used in this section, "conviction" means the alleged violator has entered a plea of guilty or nolo contendere or has been found guilty in a trial court and has waived or exhausted all rights to an appeal."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.