New Mexico Statutes
Part 2 - TRAFFIC OFFENSES
Section 66-8-102.1 - Guilty pleas; limitations.

Where the complaint or information alleges a violation of Section 66-8-102 NMSA 1978, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of Section 66-8-102 NMSA 1978, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978] disclose that the blood or breath of the person charged contains an alcohol concentration of:
A. eight one hundredths or more; or
B. four one hundredths or more if the person charged is driving a commercial motor vehicle.
History: Laws 1982, ch. 102, § 2; 1984, ch. 72, § 4; 1993, ch. 66, § 8; 2003, ch. 51, § 11; 2003, ch. 90, § 4.
The 2003 amendment, effective March 28, 2003, added the Subsection A designation and added Subsection B.
Duplicate amendments. — Laws 2003, ch. 51, § 11 and Laws 2003, ch. 90, § 4 enacted identical amendments to 66-8-102.1 NMSA 1978. The section is set out as amended by Laws 2003, ch. 90, § 4. See 12-1-8 NMSA 1978.
The 1993 amendment, effective January 1, 1994, substituted "shall include" for "must include" near the beginning, inserted "or breath" following "blood", substituted the language beginning "an alcohol concentration" for "at least ten one hundredths of one percent by weight of alcohol" at the end, and made a minor stylistic change.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 66 - Motor Vehicles

Article 8 - Crimes, Penalties and Procedure

Part 2 - TRAFFIC OFFENSES

Section 66-8-101 - Homicide by vehicle; great bodily harm by vehicle.

Section 66-8-101.1 - Injury to pregnant woman by vehicle.

Section 66-8-102 - Driving under the influence of intoxicating liquor or drugs; aggravated driving under the influence of intoxicating liquor or drugs; penalties.

Section 66-8-102.1 - Guilty pleas; limitations.

Section 66-8-102.2 - Municipal and county ordinances; unlawful alcohol concentration level for driving while under the influence of intoxicating liquor or drugs.

Section 66-8-102.3 - Imposing a fee; interlock device fund created.

Section 66-8-102.4 - Uniform police reports and procedures for DWI arrests.

Section 66-8-102.5 - Driving while intoxicated with a minor in the vehicle; penalty.

Section 66-8-103 - [Blood-alcohol tests directed by police, judicial or probation officer; persons qualified to perform tests; relief from civil and criminal liability.]

Section 66-8-104 - Blood-alcohol tests; police, judicial or probation officer unauthorized to make arrest or direct test except in performance of official duties authorized by law.

Section 66-8-105 - Implied Consent Act; short title.

Section 66-8-106 - Repealed.

Section 66-8-107 - Implied consent to submit to chemical test.

Section 66-8-108 - Consent of person incapable of refusal not withdrawn.

Section 66-8-109 - Administration of chemical test; payment of costs; additional tests.

Section 66-8-110 - Use of tests in criminal actions or civil actions; levels of intoxication; mandatory charging.

Section 66-8-111 - Refusal to submit to chemical tests; testing; grounds for revocation of license or privilege to drive.

Section 66-8-111.1 - Law enforcement officer agent for department; written notice of revocation and right to hearing.

Section 66-8-112 - Revocation of license or privilege to drive; notice; effective date; hearing; hearing costs; review.

Section 66-8-113 - Reckless driving.

Section 66-8-114 - Careless driving.

Section 66-8-115 - Racing on highways; exception.

Section 66-8-116 - Penalty assessment misdemeanors; definition; schedule of assessments.

Section 66-8-116.1 - Penalty assessment misdemeanors; oversize load.

Section 66-8-116.2 - Penalty assessment misdemeanors; Motor Carrier Act.

Section 66-8-116.3 - Penalty assessment misdemeanors; additional fees.

Section 66-8-117 - Penalty assessment misdemeanors; option; effect.

Section 66-8-118 - Repealed.

Section 66-8-119 - Penalty assessment revenue; disposition.

Section 66-8-120 - Parties to a crime.

Section 66-8-121 - Offenses by persons owning or controlling vehicles.

Section 66-8-122 - Immediate appearance before magistrate.

Section 66-8-123 - Conduct of arresting officer; notices by citation.

Section 66-8-124 - Arresting officer to be in uniform.

Section 66-8-125 - Arrest without warrant.

Section 66-8-126 - Failure to obey notice to appear.

Section 66-8-127 - Procedure not exclusive.

Section 66-8-128 - Uniform traffic citation.

Section 66-8-129 - Repealed.

Section 66-8-130 - All traffic citations to conform; municipalities may pass ordinance to establish similar program.

Section 66-8-131 - Uniform traffic citation is complaint.

Section 66-8-132 - Records of citations issued.

Section 66-8-133 - Disposition of citations.

Section 66-8-134 - Illegal cancellation; audit of citation records.

Section 66-8-135 - Record of traffic cases.

Section 66-8-136 - Repealed.

Section 66-8-137 - Compensation of judges and officers; defenses to prosecution.

Section 66-8-137.1 - Nonresident Violator Compact; form.

Section 66-8-137.2 - Nonresident Violator Compact; definitions.

Section 66-8-137.3 - Compact administrator; compensation.

Section 66-8-137.4 - Bilateral agreements; noncompact jurisdictions; authority.

Section 66-8-138 - Consumption or possession of alcoholic beverages in open containers in a motor vehicle prohibited; exceptions.

Section 66-8-139 - Penalties.

Section 66-8-140 - Repealed.

Section 66-8-141 - Dishonored checks; civil penalty.