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AN ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR

OR DRUGS; PROVIDING PENALTIES FOR TAMPERING WITH AN IGNITION

INTERLOCK DEVICE; DECLARING AN EMERGENCY.

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

Section 1. Section 66-5-503 NMSA 1978 (being Laws 2003,

Chapter 239, Section 3, as amended) is amended to read:

"66-5-503. IGNITION INTERLOCK LICENSE--REQUIREMENTS--

EXCLUSIONS.--

A. A person whose driving privilege or driver's

license has been revoked or denied may apply for an ignition

interlock license from the division.

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

ignition interlock installer 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

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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license that was revoked for driving under the influence of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 injury by vehicle while under the

influence of intoxicating liquor or drugs, as provided in

Section 66-8-101 NMSA 1978, shall not be issued an ignition

interlock license."

Section 2. Section 66-5-504 NMSA 1978 (being Laws 2003,

Chapter 239, Section 4) is amended to read:

"66-5-504. 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 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 3. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.

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