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
Article 8 - Crimes, Penalties and Procedure
Section 66-8-101 - Homicide by vehicle; great bodily harm by vehicle.
Section 66-8-101.1 - Injury to pregnant woman by vehicle.
Section 66-8-102.1 - Guilty pleas; limitations.
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 66-8-105 - Implied Consent Act; short title.
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Section 66-8-108 - Consent of person incapable of refusal not withdrawn.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 66-8-113 - 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 66-8-119 - 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 66-8-131 - 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 66-8-137 - 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.