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AN ACT

RELATING TO THE MOTOR VEHICLE CODE; ELIMINATING COMMERCIAL

DRIVER'S LICENSE TEST WAIVER AUTHORITY; MAKING PENALTIES

UNIFORM FOR IMPROPERLY LICENSED DRIVERS OF COMMERCIAL

VEHICLES; MAKING THE DEFINITION OF A CONVICTION UNIFORM

THROUGHOUT THE MOTOR VEHICLE CODE; RECONCILING MULTIPLE

AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.

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

Section 1. Section 66-5-60 NMSA 1978 (being Laws 1989,

Chapter 14, Section 9, as amended) is amended to read:

"66-5-60. COMMERCIAL DRIVER'S LICENSE--QUALIFICATIONS--

STANDARDS.--

A. The division shall not issue a commercial

driver's license to a person unless that person can establish

that New Mexico is the person's state of domicile and has

passed a knowledge and skills test for driving a commercial

motor vehicle and, for related endorsements, has passed a

medical fitness test and has satisfied any other requirements

of the New Mexico Commercial Driver's License Act.

B. The division may authorize a person, including

an agency of this or another state, an employer, a private

driver-training facility or other private institution or a

department, agency or instrumentality of local government to

administer the skills test specified by this section.

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C. A commercial driver's license applicant shall

not take a test specified in this section more than three

times within one year.

D. If the department determines that a commercial

driver's license applicant has committed an offense in taking

a test specified in this section, the division shall not issue

a commercial driver's license to that applicant within one

year of the department's determination."

Section 2. Section 66-5-68 NMSA 1978 (being Laws 1989,

Chapter 14, Section 17, as amended) is amended to read:

"66-5-68. DISQUALIFICATION.--

A. The department shall disqualify a person from

driving a commercial motor vehicle for at least thirty days if

the federal motor carrier safety administration reports to the

division that the person poses an imminent hazard.

B. The department shall disqualify a person who

holds a commercial driver's license or who is required to hold

a commercial driver's license from driving a commercial motor

vehicle for a period of not less than one year, which shall

run concurrently with any revocation or suspension action for

the same offense, if the person:

(1) refuses to submit to a chemical test

when requested pursuant to the provisions of the Implied

Consent Act;

(2) is twenty-one years of age or more and

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submits to chemical testing pursuant to the Implied Consent

Act and the test results indicate an alcohol concentration of

eight one hundredths or more;

(3) submits to chemical testing pursuant to

the Implied Consent Act and the test results indicate an

alcohol concentration of four one hundredths or more if the

person is driving a commercial motor vehicle;

(4) is less than twenty-one years of age and

submits to chemical testing pursuant to the Implied Consent

Act and the test results indicate an alcohol concentration of

two one hundredths or more; or

(5) is convicted of a violation of:

(a) driving a motor vehicle while under

the influence of intoxicating liquor or drugs in violation of

Section 66-8-102 NMSA 1978, an ordinance of a municipality of

this state or the law of another state;

(b) leaving the scene of an accident

involving a commercial motor vehicle driven by the person in

violation of Section 66-7-201 NMSA 1978 or an ordinance of a

municipality of this state or the law of another state;

(c) using a motor vehicle in the

commission of a felony;

(d) driving a commercial motor vehicle

after the driver's commercial driver's license is revoked,

suspended, disqualified or canceled for violations while

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operating a commercial motor vehicle; or

(e) causing a fatality in the unlawful

operation of a motor vehicle pursuant to Section 66-8-101 NMSA

1978.

C. The department shall disqualify a person from

driving a commercial motor vehicle for a period of not less

than three years if any of the violations specified in

Subsection B of this section occur while transporting a

hazardous material required to be placarded.

D. The department shall disqualify a person from

driving a commercial motor vehicle for life if convicted of

two or more violations of any of the offenses specified in

Subsection B of this section, or any combination of those

offenses, arising from two or more separate incidents, but the

secretary may issue regulations establishing guidelines,

including conditions, under which a disqualification for life

under this subsection may be reduced to a period of not less

than ten years. This subsection applies only to those

offenses committed after July 1, 1989.

E. The department shall disqualify a person from

driving a commercial motor vehicle for life if the person uses

a commercial motor vehicle in the commission of any felony

involving the manufacture, distribution or dispensing of a

controlled substance or the possession with intent to

manufacture, distribute or dispense a controlled substance.

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F. The department shall disqualify a person from

driving a commercial motor vehicle for a period of not less

than sixty days if convicted of two serious traffic violations

or one hundred twenty days if convicted of three serious

traffic violations, if the violations were committed while

driving a commercial motor vehicle, arising from separate

incidents occurring within a three-year period.

G. The department shall disqualify a person from

driving a commercial motor vehicle for a period of:

(1) not less than one hundred eighty days

nor more than two years if the person is convicted of a first

violation of an out-of-service order while transporting

hazardous materials required to be placarded pursuant to the

federal Hazardous Materials Transportation Act or while

operating a motor vehicle designed to transport more than

fifteen passengers, including the driver;

(2) not more than one year if the person is

convicted of a first violation of an out-of-service order; or

(3) not less than three years nor more than

five years if, during any ten-year period, the person is

convicted of any subsequent violations of out-of-service

orders, in separate incidents, while transporting hazardous

materials required to be placarded pursuant to that act or

while operating a motor vehicle designed to transport more

than fifteen passengers, including the driver.

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H. The department shall disqualify a person from

driving a commercial motor vehicle for sixty days if:

(1) the person has been convicted of two

serious traffic violations in separate incidents within a

three-year period; and

(2) the second conviction results in

revocation, cancellation or suspension of the person's

commercial driver's license or noncommercial motor vehicle

driving privileges for sixty days.

I. The department shall disqualify a person from

driving a commercial motor vehicle for one hundred twenty

days, in addition to any other period of disqualification, if:

(1) the person has been convicted of more

than two serious traffic violations within a three-year

period; and

(2) the third or a subsequent conviction

results in the revocation, cancellation or suspension of the

person's commercial driver's license or noncommercial motor

vehicle driving privileges.

J. When a person is disqualified from driving a

commercial motor vehicle, any commercial driver's license held

by that person is invalidated without a separate proceeding of

any kind and the driver is not eligible to apply for a

commercial driver's license until the period of time for which

the driver was disqualified has elapsed.

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K. The department shall disqualify a person from

driving a commercial motor vehicle for not less than:

(1) sixty days if the person is convicted of

a first violation of a railroad-highway grade crossing

violation;

(2) one hundred twenty days if, during any

three-year period, the person is convicted of a second

railroad-highway grade crossing violation in a separate

incident; and

(3) one year if, during any three-year

period, the person is convicted of a third or subsequent

railroad-highway grade crossing violation in a separate

incident.

L. After disqualifying, suspending, revoking or

canceling a commercial driver's license, the department shall,

within ten days, update its records to reflect that action.

After disqualifying, suspending, revoking or canceling a

nonresident commercial driver's privileges, the department

shall, within ten days, notify the licensing authority of the

state that issued the commercial driver's license.

M. When disqualifying, suspending, revoking or

canceling a commercial driver's license, the department shall

treat a conviction received in another state in the same

manner as if it was received in this state.

N. The department shall post and enforce any

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disqualification sent by the federal motor carrier safety

administration to the department that indicates that a

commercial motor vehicle driver poses an imminent hazard.

O. The federal transportation security

administration of the department of homeland security shall

provide for an appeal of a disqualification for a commercial

driver's license hazardous materials endorsement on the basis

of a background check, and the department shall provide to a

hazardous materials applicant a copy of the procedures

established by the transportation security administration, on

request, at the time of application.

P. New Mexico shall conform to the federal

transportation security administration of the department of

homeland security rules and shall "look back" or review a

maximum of seven years for a background check."

Section 3. Section 66-8-102 NMSA 1978 (being Laws 1953,

Chapter 139, Section 54, as amended by Laws 2007, Chapter 321,

Section 10 and by Laws 2007, Chapter 322, Section 1) is

amended to read:

"66-8-102. PERSONS UNDER THE INFLUENCE OF INTOXICATING

LIQUOR OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE

OF INTOXICATING LIQUOR OR DRUGS--PENALTY.--

A. It is unlawful for a person who is under the

influence of intoxicating liquor to drive a vehicle within

this state.

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B. It is unlawful for a person who is under the

influence of any drug to a degree that renders the person

incapable of safely driving a vehicle to drive a vehicle

within this state.

C. It is unlawful for:

(1) a person to drive 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 person to drive 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.

D. Aggravated driving while under the influence of

intoxicating liquor or drugs consists of a person who:

(1) drives a vehicle in this state and has

an alcohol concentration of sixteen 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;

(2) has caused bodily injury to a human

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being as a result of the unlawful operation of a motor vehicle

while driving under the influence of intoxicating liquor or

drugs; or

(3) refused 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, was under the influence of

intoxicating liquor or drugs.

E. A person under first conviction pursuant to

this section 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. Upon a first conviction pursuant to this section,

an offender shall be sentenced to not less than twenty-four

hours of community service. In addition, the offender may be

required to pay a fine of three hundred dollars ($300). The

offender shall be ordered by the court to participate in and

complete a screening program described in Subsection K of this

section 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

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necessary. In addition to those penalties, when an offender

commits aggravated driving while under the influence of

intoxicating liquor or drugs, the offender shall be sentenced

to not less than forty-eight consecutive hours in jail. 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. Any jail sentence imposed pursuant

to this subsection for failure to complete, within a time

specified by the court, any community service, screening

program, treatment program or DWI school ordered by the court

or for aggravated driving while under the influence of

intoxicating liquor or drugs shall not be suspended, deferred

or taken under advisement. On a first conviction pursuant to

this section, any time spent in jail for the offense prior to

the conviction for that offense shall be credited to any 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.

F. A second or third conviction pursuant to this

section shall be punished, notwithstanding the provisions of

Section 31-18-13 NMSA 1978, by imprisonment for not more than

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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. Notwithstanding any provision of law to the contrary

for suspension or deferment of execution of a sentence:

(1) upon a second conviction, 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).

In addition to those penalties, when an offender commits

aggravated driving while 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. 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.

A penalty imposed pursuant to this paragraph shall not be

suspended or deferred or taken under advisement; and

(2) upon a third conviction, 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). In

addition to those penalties, when an offender commits

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aggravated driving while under the influence of intoxicating

liquor or drugs, the offender shall be sentenced to a jail

term of not less than sixty consecutive days. 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 sixty consecutive days in jail. A

penalty imposed pursuant to this paragraph shall not be

suspended or deferred or taken under advisement.

G. Upon a fourth conviction pursuant to this

section, 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.

H. Upon a fifth conviction pursuant to this

section, 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.

I. Upon a sixth conviction pursuant to this

section, 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,

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eighteen months of which shall not be suspended, deferred or

taken under advisement.

J. Upon a seventh or subsequent conviction

pursuant to this section, 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.

K. Upon any conviction pursuant to this section,

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

subsection shall not be suspended, deferred or taken under

advisement.

L. Upon a second or third conviction pursuant to

this section, 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

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court; or

(4) any other substance abuse treatment

program approved by the court.

The requirement imposed pursuant to this subsection

shall not be suspended, deferred or taken under advisement.

M. Upon a felony conviction pursuant to this

section, 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.

N. Upon a conviction pursuant to this section, 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 sentencing court 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;

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(2) a period of two years, for a second

conviction pursuant to this section;

(3) a period of three years, for a third

conviction pursuant to this section; or

(4) the remainder of the offender's life,

for a fourth or subsequent conviction pursuant to this

section.

O. 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 while 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.

P. In the case of a first, second or third offense

under this section, the magistrate court has concurrent

jurisdiction with district courts to try the offender.

Q. 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 a tribe,

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when that ordinance or law is equivalent to New Mexico law for

driving while under the influence of intoxicating liquor or

drugs, and prescribes penalties for driving while 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.

R. In addition to any other fine or fee that may

be imposed pursuant to the conviction or other disposition of

the offense under this section, the court may order the

offender to pay the costs of any court-ordered screening and

treatment programs.

S. With respect to this section 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.

T. As used in this section:

(1) "bodily injury" means an injury to a

person that is not likely to cause death or great bodily harm

to the person, but does cause painful temporary disfigurement

or temporary loss or impairment of the functions of any member

or organ of the person's body; and

(2) "commercial motor vehicle" means a motor

vehicle or combination of motor vehicles used in commerce to

transport passengers or property if the motor vehicle:

(a) 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;

(b) has a gross vehicle weight rating

of more than twenty-six thousand pounds;

(c) is designed to transport sixteen or

more passengers, including the driver; or

(d) is of any size and is used in the

transportation of hazardous materials, which requires the

motor vehicle to be placarded under applicable law."

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