New Mexico § 66-5-5 - Persons not to be licensed

§ 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of suspension or denial, or to any person whose license has been revoked, except as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 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.