HOUSE BILL 355
54th legislature - STATE OF NEW MEXICO - first session, 2019
Elizabeth "Liz” Thomson
RELATING TO MOTOR VEHICLES; CHANGING THE REQUIREMENTS FOR REMOVAL OF 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--IGNITION INTERLOCK--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B. If a driver's license was revoked for driving while under the influence of intoxicating liquor or drugs, for aggravated driving while under the influence of intoxicating liquor or drugs or pursuant to the Implied Consent Act, the following are required to reinstate the driver's license:
(1) an additional fee of seventy-five dollars ($75.00);
(2) completion of the license revocation period;
(3) satisfaction of any court-ordered ignition interlock requirements;
(4) a minimum of six months of driving with an ignition interlock license with no attempts to circumvent, remove or tamper with the ignition interlock device;
(5) evidence that the ignition interlock device has not recorded [two] any vehicle lockouts in the six months prior to the application for reinstatement; and
(6) evidence of verified active usage as that phrase is defined by the bureau.
C. A person whose driver's license reinstatement is denied may file an appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
D. The department may reinstate the driving privileges of an out-of-state resident without the requirement that the person obtain an ignition interlock license for a minimum of six months, if the following conditions are met:
(1) the license revocation period is completed;
(2) satisfactory proof is presented to the department that the person is no longer a resident of New Mexico; and
(3) the license reinstatement fee is paid.
E. Fees collected pursuant to Subsection B of this section are appropriated to the local governments road fund. The department shall maintain an accounting of the fees collected and shall report that amount upon request to the legislature.
F. For the purposes of this section, "vehicle lockout" means a driver has failed:
(1) a breath test six times within a period of three hours; or
(2) initial breath tests or random breath re-tests ten times within a period of thirty days."
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