A. A person whose driving privilege or driver's license has been revoked or denied or who has not met the ignition interlock license requirement as a condition of reinstatement pursuant to Section 66-5-33.1 NMSA 1978 may apply for an ignition interlock license from the division.

B. An applicant for an ignition interlock license shall:

1. (1) provide proof of installation of the ignition interlock device by a traffic safety bureau-approved ignition interlock installer on any vehicle the applicant drives; and

2. (2) sign an affidavit acknowledging that:

   1. (a) operation by the applicant of any vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license;
   2. (b) tampering or interfering with the proper and intended operation of an ignition interlock device may subject the applicant to penalties for driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978]; and

   3. (c) the applicant shall maintain the ignition interlock device and keep up-to-date records in the motor vehicle showing required service and calibrations and be able to provide the records upon request.

      C. A person who has been convicted of homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-101 NMSA 1978, shall not be issued an ignition interlock license unless the person has completed serving the sentence for that crime, including any period of probation and parole.

History: Laws 2003, ch. 239, § 3; 2007, ch. 319, § 49; 2008, ch. 67, § 1; 2009, ch. 254, § 2; 2013, ch. 101, § 3.

ANNOTATIONS

The 2013 amendment, effective July 1, 2013, allowed the issuance of an ignition interlock license to a person convicted of homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs after completion of the sentence for that crime; and in Subsection C, after "great bodily", deleted "injury" and added "harm" and after "ignition interlock license", added "unless the person has completed serving the sentence for that crime, including any period of probation and parole".

The 2009 amendment, effective July 1, 2009, in Subsection A, after "denied", added "or who has not met the ignition interlock license requirement as a condition of reinstatement pursuant to Section 66-5-33.1 NMSA 1978".

The 2008 amendment, effective February 29, 2008, added Subparagraph (b) of Paragraph (2) of Subsection B.

The 2007 amendment, effective June 15, 2007, changed "instructor’s permit" to "driving privilege" and eliminated "provisional license".