New Mexico § 66-5-29 - Mandatory revocation of license by division

§ 66-5-29. Mandatory revocation of license by division

A. The division shall immediately revoke the driving privilege or driver's license

of a driver upon receiving a record of the driver's adjudication as a delinquent for

or conviction of any of the following offenses, whether the offense is under any state

law or local ordinance, when the conviction or adjudication has become final: (1) manslaughter or negligent homicide resulting from the operation of a motor vehicle; (2) any offense rendering a person a “first offender” as defined in the Motor Vehicle

Code; (3) any offense rendering a person a “subsequent offender” as defined in the Motor

Vehicle Code; (4) any felony in the commission of which a motor vehicle is used; (5) failure to stop and render aid as required under the laws of this state in the

event of a motor vehicle accident resulting in the death or personal injury of another; (6) perjury or the making of a false affidavit or statement under oath to the division

under the Motor Vehicle Code or under any other law relating to the ownership or operation

of motor vehicles; or (7) conviction or forfeiture of bail not vacated upon three charges of reckless driving

committed within a period of twelve months. B. Except as provided in the Ignition Interlock Licensing Act and in Subsection C,

D, E or F of this section, a person whose driving privilege or driver's license has

been revoked under this section shall not be entitled to apply for or receive a new

license until one year from the date that the conviction is final and all rights to

an appeal have been exhausted. C. A person who upon adjudication as a delinquent for driving while under the influence

of intoxicating liquor or drugs or a conviction pursuant to Section 66-8-102 NMSA 1978 is subject to revocation of the driving privilege or driver's license under this

section for an offense pursuant to which the person was also subject to revocation

of the driving privilege or driver's license pursuant to Section 66-8-111 NMSA 1978 shall have the person's driving privilege or driver's license revoked for that offense

for a combined period of time equal to: (1) one year for a first offender; or (2) for a subsequent offender: (a) two years for a second conviction; (b) three years for a third conviction; or (c) the remainder of the offender's life for a fourth or subsequent conviction, subject

to a five-year review, as provided in Sections 66-5-5 and 66-8-102 NMSA 1978 . D. The division shall apply the license revocation provisions of Subsection C of this

section and the provisions of Subsection D of Section 66-5-5 NMSA 1978 to a person who was three or more times convicted of driving a motor vehicle under

the influence of intoxicating liquor or drugs and who has a driver's license revocation

pursuant to the law in effect prior to June 17, 2005, upon the request of the person

and if the person has had an ignition interlock license for three years or more and

has proof from the ignition interlock vendor of no violations of the ignition interlock

device in the previous six months. E. Upon receipt of an order from a court pursuant to Section 32A-2-19 NMSA 1978 or Subsection G of Section 32A-2-22 NMSA 1978 , the division shall revoke the driver's license or driving privileges for a period

of time in accordance with these provisions. F. Upon receipt from a district court of a record of conviction for the offense of

shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978 or of a conviction for a conspiracy or an attempt to commit that offense, the

division shall revoke the driver's license or driving privileges of the convicted

person. A person whose driver's license or driving privilege has been revoked pursuant to

the provisions of this subsection shall not be entitled to apply for or receive any

new driver's license or driving privilege until one year from the date that the conviction

is final and all rights to an appeal have been exhausted.