2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Section 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B. If a driver's license was revoked for driving while under the influence of intoxicating liquor or drugs, for aggravated driving while under the influence of intoxicating liquor or drugs or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 [66-8-105 through 66-8-112 NMSA 1978], 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 vehicle lockouts; 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.
History: 1978 Comp., § 66-5-33.1, enacted by Laws 1985, ch. 47, § 1; 1988, ch. 56, § 6; 1989, ch. 224, § 1; 1995, ch. 6, § 12; 1999, ch. 49, § 4; 2009, ch. 254, § 1; 2018, ch. 74, § 38.
Cross references. — For the local governments road fund, see 67-3-28.2 NMSA 1978.
The 2018 amendment, effective July 1, 2018, clarified certain provisions of the section, provided new requirements for the reinstatement of a revoked driver's license, provided an appeal when an application for driver's license reinstatement is denied, and defined "vehicle lockout" as used in this section; in Subsection B, Paragraph B(4), after "circumvent", added "remove", and added Paragraphs B(5) and B(6); added a new Subsection C and redesignated former Subsections C and D as Subsections D and E, respectively; and added Subsection F.
The 2009 amendment, effective July 1, 2009, in Subsection B, after "license was", deleted "suspended or"; after "drugs or", deleted "for a violation of" and added "pursuant"; after "Implied Consent Act", deleted "an additional fee of seventy-five dollars ($75.00) is" and added "the following are"; added Paragraphs (1) through (4) of Subsection B; and added Subsection C.
The 1999 amendment, effective July 1, 1999, added the Subsection A and B designations, deleted "except that" at the end of Subsection A, in Subsection B inserted "for aggravated driving while under the influence of intoxicating liquor or drugs" in the first sentence, substituted "Fees collected pursuant to this subsection are appropriated to" for "The division shall deposit the additional fee in" at the beginning of the second sentence, and rewrote the third sentence.
The 1995 amendment, effective July 1, 1995, substituted "local governments road fund" for "general fund" in the next to last and last sentences.
The 1990 amendment, effective May 16, 1990, substituted "one hundred fifty dollars ($150)" for "seventy-five dollars ($75.00)".
The 1989 amendment, effective July 1, 1991, substituted "general fund" for "DWI fund" at the end of the second sentence, and added the third sentence.
The 1988 amendment, effective July 1, 1988, inserted the language at the end of the section, beginning with "except that".
Reinstatement of license. — A driver's license that has been revoked under Subsection C of Section 66-5-29 NMSA 1978 must remain revoked until the driver has applied for reinstatement, complied with all of the provision of the Motor Vehicle Code, and paid fees imposed by Section 66-5-33.1 NMSA 1978. City of Santa Fe v. One (1) Black 2006 Jeep, 2012-NMCA-027, 284 P.3d 1076.
Where defendant's vehicle was forfeited under a municipal ordinance that permitted forfeiture of a vehicle operated by a person whose license was revoked as a result of a prior DWI conviction; defendant's driver's license had been revoked as a result of defendant's conviction of a DWI; defendant was eligible for reinstatement prior to the time defendant was stopped for the traffic violation that resulted in the forfeiture action; and defendant had failed to obtain reinstatement of the license before the traffic stop, defendant's vehicle was subject to forfeiture under the municipal ordinance. City of Santa Fe v. One (1) Black 2006 Jeep, 2012-NMCA-027, 284 P.3d 1076.
Reinstatement provision does not violate ex post facto laws. — The 2009 amendment to 66-5-33.1 NMSA 1978, which requires a minimum of six months of driving with an ignition interlock device prior to reinstatement of a driver's license that was revoked for DWI or pursuant to the Implied Consent Act, is not penal for purposes of the constitutional prohibition against ex post facto laws and applies to persons who seek reinstatement of their driver's licenses on or after July 1, 2009, regardless of when their DWI violations were committed, when their licenses were revoked, or when they completed their license revocation period and became eligible to seek reinstatement of their licenses. Yepa v. N.M. Taxation & Revenue Dep't, 2015-NMCA-099, cert. denied, 2015-NMCERT-008.
Conditions of reinstatement apply retroactively. — The 2009 amendment to Section 66-5-33.1 NMSA 1978, which conditions reinstatement of a driver's license that was revoked for driving while intoxicated on, among other things, a minimum of six months of driving with no attempts to tamper with or circumvent the use of an ignition interlock device, is not penal for purposes of the constitutional prohibition against ex post facto laws and applies to persons who seek reinstatement of their driver's licenses on or after July 1, 2009, regardless of when their DWI violations were committed, their licenses were revoked for DWI, or they completed their license revocation period and became eligible to seek reinstatement of their licenses. 2011 Op. Att'y Gen. No. 11-03.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, application, and effect of statute requiring conditions, in addition to expiration of time, for reinstatement of suspended or revoked driver's license, 2 A.L.R.5th 725.
