HOUSE BILL 565

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

W. Ken Martinez

AN ACT

RELATING TO IGNITION INTERLOCKS; MODIFYING THE DEFINITION OF AN IGNITION INTERLOCK DEVICE TO INCLUDE EMERGING TECHNOLOGIES.

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

     Section 1. Section 66-5-502 NMSA 1978 (being Laws 2003, Chapter 239, Section 2) is amended to read:

     "66-5-502. DEFINITIONS.--As used in the Ignition Interlock Licensing Act:

          A. "denied" means having an instructor's permit, driver's license or provisional license denied for driving while under the influence of intoxicating liquor or drugs, pursuant to the provisions of Subsection D of Section 66-5-5 NMSA 1978;

          B. "ignition interlock device" means [a regularly calibrated device, approved by the traffic safety bureau, that regulates the operation of a motor vehicle by measuring an operator's blood alcohol level before allowing the operator to start the vehicle and that periodically tests the operator's blood alcohol level while he operates the vehicle] 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with an ignition interlock device after that person's instructor's permit, driver's license or provisional license has been revoked or denied.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 having an instructor's permit, driver's license or provisional license revoked for driving while under the influence of intoxicating liquor or drugs, pursuant to the provisions of [Sections] Section 66-8-102 or 66-8-111 NMSA 1978."

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