2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Section 66-5-5 - Persons not to be licensed.
The division shall not issue a driver's license under the Motor Vehicle Code to any person:
A. who is under the age of eighteen years, except the division may, in its discretion, issue:
(1) an instruction permit to a person fifteen years of age or older who is enrolled in and attending or has completed a driver education course approved by the bureau that includes a DWI education and prevention component;
(2) a provisional license to a person fifteen years and six months of age or older:
(a) who has completed a driver education course approved by the bureau or offered by a public school that includes a DWI education and prevention component and has had an instruction permit for at least six months as provided in Section 66-5-8 NMSA 1978; and
(b) who has successfully completed a practice driving component;
(3) a driver's license to a person sixteen years and six months of age or older:
(a) who has had a provisional license for at least a twelve-month period immediately preceding the date of the application for the driver's license as provided in Section 66-5-9 NMSA 1978;
(b) who has complied with restrictions on that license; and
(c) who has not been adjudicated for an offense involving the use of alcohol or drugs during the twelve-month period immediately preceding the application for the driver's license and who has no pending adjudications alleging an offense involving the use of alcohol or drugs at the time of application; and
(4) to a person thirteen years of age or older who passes an examination prescribed by the division, a license restricted to the operation of a motorcycle; provided that:
(a) the motorcycle is not in excess of one hundred cubic centimeters displacement;
(b) no holder of an initial license may carry any other passenger while driving a motorcycle; and
(c) the director approves and certifies motorcycles as not in excess of one hundred cubic centimeters displacement and by rule provides for a method of identification of such motorcycles by all law enforcement officers;
B. whose license or driving privilege has been suspended or denied, during the period of suspension or denial, or to any person whose license has been revoked, except as provided in Section 66-5-32 NMSA 1978 and the Ignition Interlock Licensing Act [66-5-501 through 66-5-504 NMSA 1978];
C. who is an habitual user of narcotic drugs or alcohol or an habitual user of any drug to a degree that renders the person incapable of safely driving a motor vehicle;
D. who is four or more times convicted of driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug regardless of whether the convictions are under the laws or ordinances of this state or any municipality or county of this state or under the laws or ordinances of any other state, the District of Columbia or any governmental subdivision thereof, except as provided in the Ignition Interlock Licensing Act. Five years from the date of the fourth conviction and every five years thereafter, the person may apply to any district court of this state for restoration of the license, and the court, upon good cause being shown, may order restoration of the license applied for; provided that the person has not been subsequently convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs. Upon issuance of the order of restoration, a certified copy shall immediately be forwarded to the division, and if the person is otherwise qualified for the license applied for, the four previous convictions shall not prohibit issuance of the license;
E. who was convicted on or after June 17, 2005 of driving a motor vehicle while under the influence of intoxicating liquor or drugs pursuant to the laws or ordinances of any other state or any governmental subdivision thereof, unless the person obtains an ignition interlock license as provided in the Ignition Interlock Licensing Act for a period of one year for a first conviction; a period of two years for a second conviction; a period of three years for a third conviction; or the remainder of the offender's life for a fourth or subsequent conviction, subject to a five-year review as provided in Subsection D of this section. Upon presentation of proof satisfactory to the division, the division may credit time spent by a person operating a motor vehicle with an ignition interlock or comparable device, as a condition of the person's sentence for a conviction in another jurisdiction, against the ignition interlock time requirements imposed by this subsection. The division shall promulgate rules necessary for granting credit to persons who participate in comparable out-of-state programs following a conviction for driving a motor vehicle while under the influence of intoxicating liquor or drugs. The requirements of this subsection shall not apply to a person who:
(1) has only one conviction for driving a motor vehicle while under the influence of intoxicating liquor or drugs that did not result in great bodily harm or death, and that conviction is pursuant to the laws or ordinances of any other state or any governmental subdivision thereof and who presents proof satisfactory to the division that the person completed all conditions of the person's sentence for the conviction in the other jurisdiction, whether or not installation of an ignition interlock device was a condition of the sentence; provided, however, that at least twelve months have passed since the person's conviction; or
(2) applies for a driver's license ten years or more from the date of the person's last conviction, except for a person who is subject to lifetime driver's license revocation for a conviction in another jurisdiction pursuant to this subsection;
F. who has previously been afflicted with or who is suffering from any mental disability or disease that would render the person unable to drive a motor vehicle with safety upon the highways and who has not, at the time of application, been restored to health;
G. who is required by the Motor Vehicle Code to take an examination, unless the person has successfully passed the examination;
H. who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;
I. when the director has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare; or
J. as a motorcycle driver who is less than eighteen years of age and who has not presented a certificate or other evidence of having successfully completed a motorcycle driver education program licensed or offered in conformance with rules of the bureau.
History: 1953 Comp., § 64-5-5, enacted by Laws 1978, ch. 35, § 227; 1979, ch. 329, § 1; 1981, ch. 361, § 21; 1984, ch. 72, § 1; 1989, ch. 329, § 4; 1993, ch. 68, § 39; 1999, ch. 175, § 2; 2003, ch. 239, § 7; 2005, ch. 241, § 1; 2005, ch. 269, § 1; 2007, ch. 316, § 1; 2007, ch. 317, § 1; 2011, ch. 143, § 2; 2017, ch. 17, § 1; 2017, ch. 79, § 1.
Cross references. — For general definitions applicable to this section, see 66-1-4 to 66-1-4.20 NMSA 1978.
For financial responsibility, see 66-5-201 NMSA 1978 et seq.
2017 Multiple Amendments. — Laws 2017, ch. 17, § 1 and Laws 2017, ch. 79, § 1, both effective July 1, 2017, enacted different amendments to this section. Pursuant to 12-1-8 NMSA 1978, Laws 2017, ch. 79, § 1, as the last act signed by the governor, has been compiled into the NMSA 1978 as set out above, and Laws 2017, ch. 17, § 1, while not compiled pursuant to 12-1-8 NMSA 1978, is set out below.
The nature of the difference between the amendments is that Laws 2017, ch. 17, § 1, amended the ignition interlock licensing requirement to provide that a person with only one prior conviction for driving under the influence of intoxicating liquor or drugs in another jurisdiction may obtain a New Mexico driver's license upon proof of completion of all conditions of the person's sentence in the other jurisdiction, and Laws 2017, ch. 79, § 1, amended the ignition interlock licensing requirement to provide that a person with only one prior conviction for driving under the influence of intoxicating liquor or drugs in another jurisdiction that did not result in great bodily harm or death, and at least twelve months have passed since the person's conviction, may obtain a New Mexico driver's license upon proof of completion of all conditions of the person's sentence, removed the District of Columbia from the provision governing conviction in other states, and made technical changes.
Laws 2017, ch. 79, § 1 [set out above], effective July 1, 2017, amended the ignition interlock licensing requirement to provide that a person with only one prior conviction for driving under the influence of intoxicating liquor or drugs in another jurisdiction that did not result in great bodily harm or death, and at least twelve months have passed since the person's conviction, may obtain a New Mexico driver's license upon proof of completion of all conditions of the person's sentence, removed the District of Columbia from the provision governing conviction in other states, and made certain technical changes; in Subsection E, in the introductory paragraph, after "any other state", deleted "the District of Columbia", after "conviction in another jurisdiction", deleted "pursuant to this section", and after "The requirements of this subsection shall not apply to a person who", added Paragraph E(1) and designated the remainder of the section as Paragraph E(2).
Laws 2017, ch. 17, § 1 [set out below], effective July 1, 2017, amended the ignition interlock licensing requirement to provide that a person with only one prior conviction for driving under the influence of intoxicating liquor or drugs in another jurisdiction may obtain a New Mexico driver's license upon proof of completion of all conditions of the person's sentence in the other jurisdiction; in Subsection E, after "conviction in another jurisdiction", deleted "pursuant to this subsection", and added Paragraph E(1) and designated the remainder of the section as Paragraph E(2), and provided:
"66-5-5. Persons not to be licensed.
The division shall not issue a driver's license under the Motor Vehicle Code to any person:
A. who is under the age of eighteen years, except the division may, in its discretion, issue:
(1) an instruction permit to a person fifteen years of age or older who is enrolled in and attending or has completed a driver education course approved by the bureau that includes a DWI education and prevention component;
(2) a provisional license to a person fifteen years and six months of age or older:
(a) who has completed a driver education course approved by the bureau or offered by a public school that includes a DWI education and prevention component and has had an instruction permit for at least six months as provided in Section 66-5-8 NMSA 1978; and
(b) who has successfully completed a practice driving component;
(3) a driver's license to a person sixteen years and six months of age or older:
(a) who has had a provisional license for at least a twelve-month period immediately preceding the date of the application for the driver's license as provided in Section 66-5-9 NMSA 1978;
(b) who has complied with restrictions on that license; and
(c) who has not been adjudicated for an offense involving the use of alcohol or drugs during the twelve-month period immediately preceding the application for the driver's license and who has no pending adjudications alleging an offense involving the use of alcohol or drugs at the time of application; and
(4) to a person thirteen years of age or older who passes an examination prescribed by the division, a license restricted to the operation of a motorcycle; provided that:
(a) the motorcycle is not in excess of one hundred cubic centimeters displacement;
(b) no holder of an initial license may carry any other passenger while driving a motorcycle; and
(c) the director approves and certifies motorcycles as not in excess of one hundred cubic centimeters displacement and by rule provides for a method of identification of such motorcycles by all law enforcement officers;
B. whose license or driving privilege has been suspended or denied, during the period of suspension or denial, or to any person whose license has been revoked, except as provided in Section 66-5-32 NMSA 1978 and the Ignition Interlock Licensing Act;
C. who is an habitual user of narcotic drugs or alcohol or an habitual user of any drug to a degree that renders the person incapable of safely driving a motor vehicle;
D. who is four or more times convicted of driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug regardless of whether the convictions are under the laws or ordinances of this state or any municipality or county of this state or under the laws or ordinances of any other state, the District of Columbia or any governmental subdivision thereof, except as provided in the Ignition Interlock Licensing Act. Five years from the date of the fourth conviction and every five years thereafter, the person may apply to any district court of this state for restoration of the license, and the court, upon good cause being shown, may order restoration of the license applied for; provided that the person has not been subsequently convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs. Upon issuance of the order of restoration, a certified copy shall immediately be forwarded to the division, and if the person is otherwise qualified for the license applied for, the four previous convictions shall not prohibit issuance of the license;
E. who was convicted on or after June 17, 2005 of driving a motor vehicle while under the influence of intoxicating liquor or drugs pursuant to the laws or ordinances of any other state, the District of Columbia or any governmental subdivision thereof, unless the person obtains an ignition interlock license as provided in the Ignition Interlock Licensing Act for a period of one year for a first conviction; a period of two years for a second conviction; a period of three years for a third conviction; or the remainder of the offender's life for a fourth or subsequent conviction, subject to a five-year review as provided in Subsection D of this section. Upon presentation of proof satisfactory to the division, the division may credit time spent by a person operating a motor vehicle with an ignition interlock or comparable device, as a condition of the person's sentence for a conviction in another jurisdiction, against the ignition interlock time requirements imposed by this subsection. The division shall promulgate rules necessary for granting credit to persons who participate in comparable out-of-state programs following a conviction for driving a motor vehicle while under the influence of intoxicating liquor or drugs. The requirements of this subsection shall not apply to a person who:
(1) has only one conviction for driving a motor vehicle while under the influence of intoxicating liquor or drugs and that conviction is pursuant to the laws or ordinances of any other state or any governmental subdivision thereof and who presents proof satisfactory to the division that the person completed all conditions of the person's sentence for the conviction in the other jurisdiction, whether or not installation of an ignition interlock device was a condition of the sentence; or
(2) applies for a driver's license ten years or more from the date of the person's last conviction, except for a person who is subject to lifetime driver's license revocation for a conviction in another jurisdiction pursuant to this subsection;
F. who has previously been afflicted with or who is suffering from any mental disability or disease that would render the person unable to drive a motor vehicle with safety upon the highways and who has not, at the time of application, been restored to health;
G. who is required by the Motor Vehicle Code to take an examination, unless the person has successfully passed the examination;
H. who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;
I. when the director has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare; or
J. as a motorcycle driver who is less than eighteen years of age and who has not presented a certificate or other evidence of having successfully completed a motorcycle driver education program licensed or offered in conformance with rules of the bureau.
The 2011 amendment, effective June 17, 2011, in Subsection A, eliminated the restriction on the issuance of driver's licenses to persons who have been convicted of a traffic violation that was committed within the ninety-day period prior to applying for the license and authorized the issuance of a driver's license to a person who has not been convicted of an offense involving alcohol or drugs during the twelve-month period preceding the application for the license.
The 2007 amendment, effective July 1, 2007, added Subsection E prohibiting the issuance of a license to a person convicted after June 17, 2005 in another state or the District of Columbia of driving while under the influence.
The 2005 amendment, effective June 17, 2005, in Subsection C, deleted the former provision that a license shall not be issued to an habitual drunkard and provided that a license shall not be issued to a person who is an habitual user of alcohol; in Subsection D, provided that a license shall not be issued to a person who is four or more times convicted of driving under the influence; that five years from the date of the fourth conviction and every five years thereafter, the person may apply for restoration of the license; deleted the former qualification that a license may be restored if the person has not been convicted in the ten-year period prior to his request for restoration of the license; provided that when the license is restored, the prior four conviction shall not prohibit the issuance of a license; and deleted the former provision that if the person is subsequently once convicted of driving under the influence his license may be revoked for five years. This section was also amended by Laws 2005, ch. 241, § 1. The section is set out as amended by Laws 2005, ch. 269, § 1. See 12-1-8 NMSA 1978.
The 2003 amendment, effective April 6, 2003, substituted "rule" for "regulation" in Subparagraph A(4)(c) and Subsection I; added "and the Ignition Interlock Licensing Act" at the end of Subsection B; and inserted "except as provided in the Ignition Interlock Licensing Act" at the end of the first sentence in Subsection D.
The 1999 amendment, effective January 1, 2000, in Subsection A substituted "eighteen years" for "sixteen years" in the introductory language, in Paragraph (1) substituted the language beginning "an instruction" and ending "fifteen" for "a restricted instruction permit or a restricted license to students fourteen" and inserted "or has completed", substituted Paragraph (2) for former Paragraph (2), relating to granting a license to a person fifteen years or older who has completed a driver education course, and added Paragraph (3) and redesignated the subsequent paragraph accordingly.
The 1993 amendment, effective July 1, 1994, substituted "a driver's" for "any driver's" in the introductory paragraph; substituted the language beginning "and attending a driver-education course" for "high school driver-education programs approved by the state board of education" at the end of Paragraph (1) of Subsection A; substituted the language beginning "a driver-education course" for "an accredited driver-education program" at the end of Paragraph (2) of Subsection A; substituted "within any ten-year period" for "subsequent to July 1, 1955" in the first sentence of Subsection D; substituted "Ten years" for "Five years" at the beginning and "ten-year period" for "five-year period" near the end of the second sentence in Subsection D; and substituted the language beginning "or offered" for "by or offered by a school in conformance with regulations of the state department of education" at the end of Subsection I.
The 1989 amendment, effective July 1, 1989, in Subsection B, substituted "whose license or driving privilege has been suspended or denied, during the period of suspension or denial" for "whose license has been suspended, during the suspension".
Revocation based on number of convictions. — A"first offense" designation appearing in a plea agreement and in a metropolitan court's judgment and sentence did not preclude MVD from revoking a driver's license, because the application of Section 66-5-5D NMSA 1978 depends upon the number of convictions, rather than their sequence or status, and because no intent to preserve the driver's driving privileges was evinced by the relevant documents. Armijo v. State Taxation & Revenue Dep't, 2002-NMCA-065, 132 N.M. 398, 49 P.3d 77, cert. quashed, 131 N.M. 564, 40 P.3d 1008.
Restoration of license upon a showing of good cause. — At a minimum, a petitioner for license restoration would need to establish that he or she does not have a habitual alcohol problem and has not received any subsequent DWI convictions so that he or she was not barred from restoration under Subsection C or D. Beyond this minimal showing, in order to present evidence of good cause, a petitioner must also demonstrate that he or she no longer presents a threat to public safety if given an unrestricted license. DeMichele v. N.M. Taxation & Revenue Dep't, 2015-NMCA-095.
Where petitioner, between 1990 and 2007, had been convicted six times of DWI and had an interlock device placed on his vehicle after his last DWI conviction, and where it was uncontested that petitioner had been sober for eight and one-half years and had not had a single interlock violation during that time period, the district court's determination that petitioner failed to demonstrate good cause for restoration of his license based on refusals to retest and readings on the interlock device showing the presence of alcohol at above zero but below .025, neither of which were reportable violations, was an abuse of discretion. The uncontested evidence, including the lack of violations over an eight and one-half year period, does not permit a reasonable inference that petitioner still posed a threat to public safety. DeMichele v. N.M. Taxation & Revenue Dep't, 2015-NMCA-095.
Denial of license restoration may not be based solely on the number of prior DWIs or deterrent effect of interlock devices. — Where petitioner, between 1990 and 2007, had been convicted six times of DWI and had an interlock device placed on his vehicle after his last DWI conviction, and where it was uncontested that petitioner had been sober for eight and one-half years and had not had a single interlock violation during that time period, and where petitioner made a showing that he no longer posed a threat to public safety, the district court abused its discretion in denying the petition for restoration based on the number of prior DWIs held by the petitioner and because interlock devices generally work as a deterrent to drinking and driving. DeMichele v. N.M. Taxation & Revenue Dep't, 2015-NMCA-095.
When an applicant, formerly disabled under this provision, is cured, the division may in its discretion, upon proper medical representation as to the cure of the disability, issue a license. 1957-58 Op. Att'y Gen. No. 57-265.
Discretion may be exercised by local representative. — Issuing a permit or license to the groups and for the purposes covered by Section 64-13-40A(1), (2), 1953 Comp. (similar to this section), is a discretionary and not a mandatory matter with the division. The discretion to be exercised in issuing or refusing to issue a license or permit to these groups may be exercised by the local representative of the division. 1955-56 Op. Att'y Gen. No. 55-6255.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 109 to 111.
State's liability to one injured by improperly licensed driver, 41 A.L.R.4th 111.
60 C.J.S. Motor Vehicles §§ 154, 155.
