IGNITION INTERLOCK FOR REVOKED LICENSE

SB0250

SENATE BILL 250

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antonio Maestas

AN ACT

RELATING TO MOTOR VEHICLES; REQUIRING THE INSTALLATION OF AN
IGNITION INTERLOCK DEVICE AND THE OBTAINING OF AN IGNITION
INTERLOCK LICENSE UPON CONVICTION OF DRIVING ON A REVOKED
LICENSE; MAKING DRIVING ON A REVOKED LICENSE A CASE OF RECORD
IN METROPOLITAN COURT; PROVIDING THAT AN IGNITION INTERLOCK
LICENSE IS VALID FOR FOUR OR EIGHT YEARS; PROVIDING THAT AN
IGNITION INTERLOCK MAY BE REMOVED WITHOUT A COURT ORDER;
AMENDING ELEMENTS TO QUALIFY FOR THE INTERLOCK DEVICE FUND.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 34-8A-6 NMSA 1978 (being Laws 1979,
Chapter 346, Section 6, as amended) is amended to read:

"34-8A-6. METROPOLITAN COURT--RULES--APPEAL.--

A. The supreme court shall adopt separate rules of
procedure for the metropolitan courts. The rules shall provide
simple procedures for the just, speedy and inexpensive
determination of any metropolitan court action.

B. Other than for actions brought pursuant to the
Uniform Owner-Resident Relations Act, the metropolitan court is
a court of record for civil actions. Any party aggrieved by a
judgment rendered by the metropolitan court in a civil action
may appeal to the court of appeals. The manner and method for
the appeal shall be set forth by supreme court rule.

C. The metropolitan court is not a court of record
for civil actions brought pursuant to the Uniform Owner-Resident Relations Act. Any party aggrieved by a judgment
rendered by the metropolitan court in a civil action brought
pursuant to the Uniform Owner-Resident Relations Act may appeal
to the district court of the county in which the metropolitan
court is located within fifteen days after the judgment was
rendered. The appeal shall be de novo.

D. The metropolitan court is a court of record for
criminal actions involving driving while under the influence of
intoxicating liquor or drugs,
involving driving on a revoked
license
or involving domestic violence. A criminal action
involving domestic violence means an assault or battery under
any state law or municipal or county ordinance in which the
alleged victim is a household member as defined in the Family
Violence Protection Act. Any party aggrieved by a judgment
rendered by the metropolitan court in a criminal action
involving driving while under the influence of intoxicating
liquor or drugs,
involving driving on a revoked license
or
involving domestic violence may appeal to the court of appeals.
The manner and method of appeal shall be set forth by supreme
court rule.

E. The metropolitan court is not a court of record
for criminal actions other than driving while under the
influence of intoxicating liquor or drugs,
driving on a revoked
license
or domestic violence actions. Any party aggrieved by a
judgment rendered by the metropolitan court in a criminal
action, other than driving while under the influence of
intoxicating liquor or drugs,
driving on a revoked license
or
domestic violence action, may appeal to the district court of
the county in which the metropolitan court is located within
fifteen days after the judgment was rendered. The appeal shall
be de novo.

F. All judgments rendered in civil actions in the
metropolitan court shall be subject to the same provisions of
law as those rendered in district court."

SECTION 2.
Section 66-5-39.1 NMSA 1978 (being Laws 2013,
Chapter 163, Section 3) is amended to read:

"66-5-39.1. DRIVING WHILE LICENSE REVOKED--PENALTIES.--

A. A person who drives a motor vehicle on a public
highway of this state at a time when the person's privilege to
do so is revoked and who knows or should have known that the
person's license was revoked is guilty of a misdemeanor and
shall be charged with a violation of this section. Upon
conviction, the person shall be punished, notwithstanding the
provisions of Section 31-18-13 NMSA 1978, by imprisonment for
not less than four days or more than three hundred sixty-four
days or by participation for an equivalent period of time in a
certified alternative sentencing program, and there may be
imposed in addition a fine of not more than one thousand
dollars ($1,000). When a person pays any or all of the cost of
participating in a certified alternative sentencing program,
the court may apply that payment as a deduction to any fine
imposed by the court.

B. Notwithstanding any other provision of law for
suspension or deferment of execution of a sentence, if the
person's privilege to drive was revoked for driving under the
influence of intoxicating liquor or drugs or a violation of the
Implied Consent Act, upon conviction pursuant to this section,
the person shall be punished by imprisonment for not less than
seven consecutive days and shall be fined not less than three
hundred dollars ($300) and not more than one thousand dollars
($1,000) and the fine and imprisonment shall not be suspended,
deferred or taken under advisement. No other disposition by
plea of guilty to any other charge in satisfaction of a charge
under this section shall be authorized if the person's
privilege to drive was revoked for driving under the influence
of intoxicating liquor or drugs or a violation of the Implied
Consent Act. Any municipal ordinance prohibiting driving with
a revoked license shall provide penalties no less stringent
than provided in this section.

C. In addition to any other penalties imposed
pursuant to this section, when a person is convicted pursuant
to the provisions of this section or a municipal ordinance that
prohibits driving on a revoked license, the
person shall obtain
an ignition interlock device pursuant to the provisions of the
Ignition Interlock Licensing Act to be installed in any
motor
vehicle the person [
was driving shall be immobilized by an
immobilization device for thirty days, unless immobilization of
the motor vehicle poses an imminent danger to the health,
safety or employment of the convicted person's immediate family
or the family of the owner of the motor vehicle. The convicted
person shall bear the cost of immobilizing the motor vehicle.

D. The division, upon receiving a record of the
conviction of any person under this section, shall not issue a
new license for an additional period of one year from the date
the person would otherwise have been entitled to apply for a
new license
]
will drive and obtain an ignition interlock
license within ten days of conviction
."

SECTION 3.
Section 66-5-503 NMSA 1978 (being Laws 2003,
Chapter 239, Section 3, as amended) is amended to read:

"66-5-503. IGNITION INTERLOCK LICENSE--REQUIREMENTS.--

A. A person whose driving privilege or driver's
license has not been revoked or denied may apply for an
ignition interlock license from the division.

[
A.
]
B.
A person whose driving privilege or
driver's license
will soon be revoked or
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
by providing proof of installation of the
ignition interlock device by a traffic safety bureau-approved
ignition interlock installer on any vehicle the applicant
drives
.

[
B.
]
C.
An applicant for an ignition interlock
license shall:

(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) sign an affidavit acknowledging that:

(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;

(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; and

(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.
]
D.
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.

E. An ignition interlock license shall be issued
for a period of four or eight years.

F. An ignition interlock device may be removed by a
traffic safety bureau-approved ignition interlock installer
without a court order at the request of the applicant.
"

SECTION 4.
Section 66-8-102.3 NMSA 1978 (being Laws 2002,
Chapter 82, Section 2, as amended) is amended to read:

"66-8-102.3. IMPOSING A FEE--INTERLOCK DEVICE FUND
CREATED.--

A. A fee is imposed on a person convicted of
driving under the influence of intoxicating liquor or drugs in
violation of Section 66-8-102 NMSA 1978 or adjudicated as a
delinquent on the basis of Subparagraph (a) of Paragraph (1) of
Subsection A of Section 32A-2-3 NMSA 1978 or a person whose
driver's license is revoked pursuant to the provisions of the
Implied Consent Act, in an amount determined by rule of the
traffic safety bureau of the department of transportation not
to exceed one hundred dollars ($100) but not less than fifty
dollars ($50.00) for each year the person is required to
operate only vehicles equipped with an ignition interlock
device in order to ensure the solvency of the interlock device
fund. The fee shall not be imposed on an indigent person.

B. The "interlock device fund" is created in the
state treasury. The fee imposed pursuant to Subsection A of
this section shall be collected by the motor vehicle division
of the taxation and revenue department and deposited in the
interlock device fund.

C. All money in the interlock device fund is
appropriated to the traffic safety bureau of the department of
transportation to cover part of the costs of installing,
removing and leasing ignition interlock devices for indigent
people who are required, pursuant to convictions under Section
66-8-102 NMSA 1978 or adjudications on the basis of
Subparagraph (a) of Paragraph (1) of Subsection A of Section
32A-2-3 NMSA 1978 or driver's license revocations pursuant to
the provisions of the Implied Consent Act or as a condition of
parole, to install those devices in their vehicles. Provided
that money is available in the interlock device fund, the
traffic safety bureau shall pay, for one vehicle per offender,
up to [
fifty dollars ($50.00)
]
one hundred dollars ($100)
for
the cost of installation, up to [
fifty dollars ($50.00)
]
one
hundred dollars ($100)
for the cost of removal and up to
[
thirty dollars ($30.00)
]
sixty dollars ($60.00)
monthly for
verified active usage of the interlock device. The traffic
safety bureau shall not pay any amount above what an offender
would be required to pay for the installation, removal or usage
of an interlock device.

D. Indigency shall be determined by the traffic
safety bureau based on proof of enrollment in one or more of
the following types of public assistance:

(1) temporary assistance for needy families;

(2) general assistance;

(3) the supplemental [
nutritional
]
nutrition

assistance program, also known as "food stamps";

(4) supplemental security income;

(5) the federal food distribution program on
Indian reservations; [
or
]

(6) the entering of an appearance by the
public defender department as the person's legal representative
under the Indigent Defense Act; or

[
(6)
]
(7)
other criteria approved by the
traffic safety bureau.

E. Any balance remaining in the interlock device
fund shall not revert to the general fund at the end of any
fiscal year.

F. The interlock device fund shall be administered
by the traffic safety bureau of the department of
transportation. No more than ten percent of the money in the
interlock device fund in any fiscal year shall be expended by
the traffic safety bureau of the department of transportation
for the purpose of administering the fund."

- 10 -