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AN ACT

RELATING TO DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING

LIQUOR OR DRUGS; REQUIRING AN IGNITION INTERLOCK LICENSE

PRIOR TO ISSUANCE OF A NEW MEXICO DRIVER'S LICENSE FOR

CERTAIN PERSONS WHO HAVE DWI CONVICTIONS IN OTHER STATES;

RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAWS

IN LAWS 2005.

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

Section 1. Section 66-5-5 NMSA 1978 (being Laws 1978,

Chapter 35, Section 227, as amended by Laws 2005, Chapter

241, Section 1 and by Laws 2005, Chapter 269, Section 1) is

amended to read:

"66-5-5. PERSONS NOT TO BE LICENSED.--The division

shall not issue a driver's license under the Motor Vehicle

Code to any person:

A. who is under the age of eighteen years, except

the division may, in its discretion, issue:

(1) an instruction permit to a person

fifteen years of age or over who is enrolled in and attending

or has completed a driver education course that includes a

DWI education and prevention component approved by the bureau

or offered by a public school;

(2) a provisional license to any person

fifteen years and six months of age or older:

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(a) who has completed a driver

education course approved by the bureau or offered by a

public school that includes a DWI education and prevention

component and has had an instruction permit for at least six

months; and

(b) who has successfully completed a

practice driving component;

(3) a driver's license to any person sixteen

years and six months of age or older:

(a) who has had a provisional license

for the twelve-month period immediately preceding the date of

the application for the driver's license;

(b) who has complied with restrictions

on that license;

traffic violation that was committed during the ninety days

prior to applying for a driver's license; and

(d) who has not been adjudicated for an

offense involving the use of alcohol or drugs during that

period and who has no pending adjudications alleging an

offense involving the use of alcohol or drugs at the time of

application; and

(4) to any person thirteen years of age or

older who passes an examination prescribed by the division, a

license restricted to the operation of a motorcycle,

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provided:

(a) the motorcycle is not in excess of

one hundred cubic centimeters displacement;

(b) no holder of an initial license may

carry any other passenger while driving a motorcycle; and

motorcycles as not in excess of one hundred cubic centimeters

displacement and by rule provides for a method of

identification of such motorcycles by all law enforcement

officers;

B. whose license or driving privilege has been

suspended or denied, during the period of suspension or

denial, or to any person whose license has been revoked,

except as provided in Section 66-5-32 NMSA 1978 and the

Ignition Interlock Licensing Act;

C. who is an habitual user of narcotic drugs or

alcohol or an habitual user of any drug to a degree that

renders the person incapable of safely driving a motor

vehicle;

D. who is four or more times convicted of driving

a motor vehicle while under the influence of intoxicating

liquor or narcotic drug regardless of whether the convictions

are under the laws or ordinances of this state or any

municipality or county of this state or under the laws or

ordinances of any other state, the District of Columbia or

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any governmental subdivision thereof, except as provided in

the Ignition Interlock Licensing Act. Five years from the

date of the fourth conviction and every five years

thereafter, the person may apply to any district court of

this state for restoration of the license, and the court,

upon good cause being shown, may order restoration of the

license applied for; provided that the person has not been

subsequently convicted of driving a motor vehicle while under

the influence of intoxicating liquor or drugs. Upon issuance

of the order of restoration, a certified copy shall

immediately be forwarded to the division, and if the person

is otherwise qualified for the license applied for, the four

previous convictions shall not prohibit issuance of the

license;

E. who was convicted on or after June 17, 2005 of

driving a motor vehicle while under the influence of

intoxicating liquor or drugs pursuant to the laws or

ordinances of any other state, the District of Columbia or

any governmental subdivision thereof, unless the person

obtains an ignition interlock license as provided in the

Ignition Interlock Licensing Act for a period of one year for

a first conviction; a period of two years for a second

conviction; a period of three years for a third conviction;

or the remainder of the offender's life for a fourth or

subsequent conviction, subject to a five-year review as

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provided in Subsection D of this section. Upon presentation

of proof satisfactory to the division, the division may

credit time spent by a person operating a motor vehicle with

an ignition interlock or comparable device, as a condition of

the person's sentence for a conviction in another

jurisdiction pursuant to this subsection, against the

ignition interlock time requirements imposed by this

subsection. The division shall promulgate rules necessary

for granting credit to persons who participate in comparable

out-of-state programs following a conviction for driving a

motor vehicle while under the influence of intoxicating

liquor or drugs. The requirements of this subsection shall

not apply to a person who applies for a driver's license ten

years or more from the date of the person's last conviction,

except for a person who is subject to lifetime driver's

license revocation for a conviction in another jurisdiction.

F. who has previously been afflicted with or who

is suffering from any mental disability or disease that would

render the person unable to drive a motor vehicle with safety

upon the highways and who has not, at the time of

application, been restored to health;

G. who is required by the Motor Vehicle Code to

take an examination, unless the person has successfully

passed the examination;

H. who is required under the laws of this state to

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deposit proof of financial responsibility and who has not

deposited the proof;

I. when the director has good cause to believe

that the operation of a motor vehicle on the highways by the

person would be inimical to public safety or welfare; or

J. as a motorcycle driver who is less than

eighteen years of age and who has not presented a certificate

or other evidence of having successfully completed a

motorcycle driver education program licensed or offered in

conformance with rules of the bureau."

Section 2. Section 66-5-502 NMSA 1978 (being Laws 2003,

Chapter 239, Section 2, as amended) 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 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

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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 Section 66-8-102 or 66-8-111

NMSA 1978."

Section 3. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.