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at a time when the person's privilege to do so is revoked and who knows or should have known that the person's license was revoked is guilty of a misdemeanor and shall be charged with a violation of this section.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any other provision of law for suspension or deferment of execution of a sentence, if the person's privilege to drive was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978], upon conviction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any other charge in satisfaction of a charge under this section shall be authorized if the person's privilege to drive was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act.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 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.
History: 1978 Comp., § 66-5-39.1, enacted by Laws 2013, ch. 163, § 3.
Effective dates. — Laws 2013, ch. 163, § 4 made Laws 2013, ch. 163, § 3 effective July 1, 2013.
Structure New Mexico Statutes
Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES
Section 66-5-1.1 - Definition.
Section 66-5-1.2 - Definition; tribe.
Section 66-5-2 - Drivers must be licensed.
Section 66-5-2.1 - Consent to registration with the selective service system; applicability.
Section 66-5-4 - Persons exempt from licensure.
Section 66-5-5 - Persons not to be licensed.
Section 66-5-6 - Health standards advisory board.
Section 66-5-7 - Driver's license; classification; examinations.
Section 66-5-9 - Application for license or renewal.
Section 66-5-10 - Application for license; information; transfer to license.
Section 66-5-11 - Application of minors.
Section 66-5-12 - Release from liability.
Section 66-5-13 - Cancellation of license upon death of person signing minor's application.
Section 66-5-14 - Examination of applicants.
Section 66-5-15 - Licenses issued to applicants.
Section 66-5-15.1 - Notification by licensee.
Section 66-5-15.4 - Driver's licenses and identification cards; acceptance.
Section 66-5-15.5 - Validity; driving authorization cards. (Repealed effective July 1, 2022.)
Section 66-5-16 - License to be carried and exhibited on demand.
Section 66-5-17 - Use of license for identification.
Section 66-5-18 - Altered, forged or fictitious license; penalty.
Section 66-5-19 - Restricted licenses.
Section 66-5-20 - Replacement licenses.
Section 66-5-21.1 - Effect of military service on driver's license.
Section 66-5-22 - Notice of change of address or name.
Section 66-5-23 - Records to be kept by the division.
Section 66-5-24 - Authority of division to cancel license.
Section 66-5-29 - Mandatory revocation of license by division.
Section 66-5-30 - Authority of division to suspend or revoke license.
Section 66-5-31 - Division may require reexamination.
Section 66-5-32 - Period of suspension or revocation.
Section 66-5-33.1 - Reinstatement of driver's license or registration; ignition interlock; fee.
Section 66-5-34 - No operation under foreign license during suspension or revocation in this state.
Section 66-5-35 - Limited driving privilege upon suspension or revocation.
Section 66-5-36 - Right of appeal to court.
Section 66-5-37 - Unlawful use of license.
Section 66-5-38 - Making false affidavit perjury.
Section 66-5-39 - Driving while license suspended; penalties.
Section 66-5-39.1 - Driving while license revoked; penalties.
Section 66-5-39.2 - Driving while license administratively suspended.
Section 66-5-40 - Permitting unauthorized minor to drive.
Section 66-5-41 - Permitting unauthorized person to drive.
Section 66-5-42 - Employing unlicensed driver.
Section 66-5-43 - Renting motor vehicles to unlicensed drivers and minors; exception; record.
Section 66-5-44 - Licenses and permits; duration and fee; appropriation.
Section 66-5-44.1 - Provisional licenses; duration and fee; appropriation.
Section 66-5-47 - Photographs.
Section 66-5-48 - Uniformity of interpretation.
Section 66-5-49 - Driver License Compact enacted.
Section 66-5-50 - Driver License Compact; definitions; cooperation.