SENATE BILL 275

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Kent L. Cravens

AN ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REQUIRING A MINIMUM OF SIX MONTHS OF ALCOHOL-FREE DRIVING WITH AN IGNITION INTERLOCK DEVICE BEFORE REINSTATEMENT OF A DRIVER'S LICENSE.

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

     Section 1. Section 66-5-33.1 NMSA 1978 (being Laws 1985, Chapter 47, Section 1, as amended) is amended to read:

     "66-5-33.1. REINSTATEMENT OF DRIVER'S LICENSE OR REGISTRATION--ALCOHOL-FREE DRIVING--FEE.--

          A. Whenever a driver's license or registration is suspended or revoked and an application has been made for its reinstatement, compliance with all appropriate provisions of the Motor Vehicle Code and the payment of a fee of twenty-five dollars ($25.00) is a prerequisite to the reinstatement of any license or registration.

          B. If a driver's license was [suspended or] revoked for driving while under the influence of intoxicating liquor or drugs, for aggravated driving while under the influence of intoxicating liquor or drugs or [for a violation of] pursuant to the Implied Consent Act, [an additional fee of seventy-five dollars ($75.00) is] the following are required [to be paid] to reinstate the driver's license: 

                (1) an additional fee of seventy-five dollars ($75.00); and

                (2) a minimum of six months of alcohol-free driving with an ignition interlock device.

          C. Fees collected pursuant to [this] Subsection B of this section are appropriated to the local governments road fund. The department shall maintain an accounting of the fees collected [pursuant to this subsection] and shall report that amount upon request to the legislature.

          D. As used in this section, "six months of alcohol-free driving" means driving a vehicle that is equipped with an ignition interlock device on at least one hundred fifty days out of a one-hundred-eighty-two-day period, during which time the ignition interlock device does not record an alcohol concentration of more than five one hundredths in the driver's breath."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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