2015 New Mexico Statutes
Chapter 66 - Motor Vehicles
Section 8 Crimes, Penalties and Procedure
Section 2 TRAFFIC OFFENSES
Section 66-8-111.1 Law enforcement officer agent for department; written notice of revocation and right to hearing.
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 before the administrative hearings office pursuant to the Implied Consent Act 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 in the person's blood or breath of eight one hundredths or more if the person is twenty-one years of age or older, four one hundredths or more if the person is driving a commercial motor vehicle or two one hundredths or more 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, 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 administrative hearings office issues the order following that hearing; provided that a temporary license shall not be issued to a driver without a valid license or permit. 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.
History: 1978 Comp., 66-8-111.1, enacted by Laws 1984, ch. 72, 7; 1985, ch. 178, 5; 1985, ch. 187, 3; 1991, ch. 245, 4; 1993, ch. 66, 13; 2003, ch. 51, 14; 2003, ch. 90, 7; 2015, ch. 73, 34.
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