A. Whoever is guilty of a second or subsequent violation of any provision of Section 66-8-138 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 66-8-7 NMSA 1978.
B. In addition to any other penalty or disposition ordered pursuant to law, upon conviction for a second or subsequent violation of the provisions of Section 66-8-138 NMSA 1978, the convicted person shall have his driver's license revoked for a period of three months upon a second violation and for one year upon a third or subsequent violation.
C. This section does not affect the authority of a municipality under a proper ordinance to prescribe penalties for possession or consumption of alcoholic beverages while driving a motor vehicle. A violation under a municipal ordinance prescribing penalties for possession or consumption of alcoholic beverages while driving a motor vehicle shall be deemed to be a violation under this section for purposes of determining second, third and subsequent violations of this section.
History: 1978 Comp., § 66-8-139, enacted by Laws 1989, ch. 316, § 3; 1991, ch. 192, § 10.
Repeals and reenactments. — Laws 1989, ch. 316, § 3, repealed former 66-8-139 NMSA 1978, as enacted by Laws 1978, ch. 35, § 547, relating to penalty for violation, and enacted a new 66-8-139 NMSA 1978, effective June 16, 1989.
The 1991 amendment, effective June 14, 1991, rewrote Subsection A to substitute "and shall be sentenced pursuant to the provisions of Section 66-8-7 NMSA 1978" for specific penalty provisions.
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Section 66-8-108 - Consent of person incapable of refusal not withdrawn.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.