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Coming from Out of State

 

New Mexico statute 66-5-5E states that any individual moving to New Mexico that has been convicted of a DWI in another state on or after 6/17/05 will be required to obtain an interlock license for 1 year if there’s 1 conviction, 2 years if there’s 2 convictions, 3 years if there’s 3 convictions, and permanently if there are 4 or more convictions after that date.

 

After the required time on the interlock license has been completed the driver will have to pay a reinstatement fee of $100 before obtaining a regular license.

 

Credit can be granted for time served with the interlock device if sufficient proof of when the device was installed and removed can be provided by the customer.

Reinstatement of Driver’s License

 

According to New Mexico statute 66-5-33.1B, any individual whose license was revoked for DWI must meet the following requirements: the license revocation period must be completed; all court ordered ignition interlock requirements must be satisfied; and the driver must have completed a minimum of 6 months of driving with an interlock device and an ignition interlock license with no attempts to circumvent or tamper with the ignition interlock device.

 

The department may reinstate the driving privileges of an out-of-state resident without the meeting the above listed requirements if the license revocation period is completed, the license reinstatement fee is paid and satisfactory proof of out-of-state residence is provided.

Early Reinstatement for 10 year denial

 

During a period of time prior to June 17, 2005 some drivers were subject to a mandatory 10-year denial of their driving privilege. Since June 17, 2005, a third DWI conviction results in a mandatory revocation of three years.

 

The New Mexico Legislature amended Section 66-5-29 NMSA 1978, effective June 15, 2007, to allow an individual subject to a 10-year denial to petition the Motor Vehicle Division (MVD) to have the current, three-year mandatory revocation period apply instead.

 

This provision applies exclusively to individuals on a 10-year denial with three and no more than three DWI convictions. The application will be accepted provided that the applicant meets the following requirements: 3 years of the 10-year denial period must be completed; the applicant has maintained an interlock device in their vehicle and an interlock license for 3 years; and the proof can be provided that there have been no violations of the ignition interlock device in the previous six months.

 

Any individual currently under a 10-year revocation can apply to reinstate early using MVD form 10454. This provision does not exempt a driver from also meeting the reinstatement requirements set forth in New Mexico statute 66-5-33.1.

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