44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO DRIVER'S LICENSES; PROVIDING STANDARDS FOR REVOCATION OF A PERSON'S DRIVER'S LICENSE FOR DWI-RELATED OFFENSES.

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

Section 1. [NEW MATERIAL] REVOCATION OF LICENSE OR PRIVILEGE TO DRIVE--DEFINED FOR DWI-RELATED OFFENSES AND VIOLATIONS OF THE IMPLIED CONSENT ACT.--

A. Notwithstanding any other provision of law, if a person's privilege to drive was revoked for driving while under the influence of intoxicating liquor or drugs, a violation of the Implied Consent Act, driving on a revoked license when the person's driving privileges were originally revoked for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act, until all conditions for reinstatement are met following revocation of the person's privilege to drive, the person shall assume all costs for the installation and operation of an approved ignition interlock device.

B. A certification for approval of ignition interlock devices and standards for operation of ignition interlock devices shall be established pursuant to rules adopted by the department.

C. As used in this section, "revocation" means that a person's driver's license and privilege to drive on the public highways is terminated unless the person installs an approved, operational ignition interlock device in his motor vehicle. The privilege to drive a motor vehicle on the public highways without an approved, operational ignition interlock device installed in the person's motor vehicle and the person's driver's license shall not be renewed, except that an application for a new driver's license may be presented and acted upon by the division after the expiration of the last period of revocation.

Section 2. Section 66-8-111.1 NMSA 1978 (being Laws 1984, Chapter 72, Section 7, as amended) is amended to read:

"66-8-111.1. LAW ENFORCEMENT OFFICER AGENT FOR DEPARTMENT--WRITTEN NOTICE OF REVOCATION AND RIGHT TO HEARING.--On behalf of the department, a law enforcement officer requesting a chemical test or directing the administration of a chemical test pursuant to Section 66-8-107 NMSA 1978 shall serve immediate written notice of revocation and of right to a hearing on a person who refuses to permit chemical testing or on a person who submits to a chemical test the results of which indicate an alcohol concentration of eight one-hundredths or more in the person's blood or breath if the person is twenty-one years of age or older or an alcohol concentration of two one-hundredths or more in the person's blood or breath if the person is less than twenty-one years of age. Upon serving notice of revocation, the law enforcement officer shall take the license or permit of the driver, if any, or permanently deface the license or permit of the driver pursuant to rules adopted by the department and issue a temporary license valid for twenty days or, if the driver requests a hearing pursuant to Section 66-8-112 NMSA 1978, valid until the date the department issues the order following that hearing; provided that no temporary license shall be issued to a driver without a valid license or permit. Unless he is acting pursuant to rules adopted by the department to the contrary, the law enforcement officer shall send the person's driver's license to the department along with the signed statement required pursuant to Section 66-8-111 NMSA 1978."