Current through Register Vol. 35, No. 6, March 26, 2024
A. A
driver who has been disqualified for life under Subsection C of Section
66-5-68 NMSA 1978 may apply to the
department to have the disqualification period reduced to a period of not less
than ten years after meeting the following guidelines and submitting a letter
requesting a review of the disqualification when that driver:
(1) Received a lifetime disqualification
resulting from two convictions for driving under the influence of alcohol, or
two convictions for driving under the influence of a controlled substance, or a
combination of one conviction for driving under the influence of alcohol and
one conviction for driving under the influence of a controlled substance. The
driver may apply to the department for a review of a lifetime disqualification
from driving a commercial motor vehicle when the driver has:
(a) Successfully completed a (licensed)
alcohol rehabilitation program if the disqualification is a result of two
convictions for driving under the influence of alcohol; or
(b) Successfully completed a (certified) drug
rehabilitation program if the disqualification is a result of two convictions
for driving under the influence of a controlled substance; or
(c) Successfully completed a (licensed)
program in alcohol rehabilitation and a separate (certified) program in drug
rehabilitation if the disqualification is a result of one conviction for
driving under the influence of alcohol and one conviction for driving under the
influence of a controlled substance.
(2) Provides information, satisfactory to the
department, that the driver has not abused the use of alcohol or a controlled
substance for a period of at least five consecutive years immediately prior to
the application for review.
(3) Has
held a valid class D license for at least five consecutive years immediately
prior to the date of the application for review, and during that time the
driver's record has no convictions for moving violations and no convictions for
any offense relating to the use of alcohol or any controlled
substance.
B. Lifetime
disqualifications which were imposed because of convictions resulting from:
(1) Leaving the scene of an accident
involving a commercial vehicle; or
(2) Using a commercial motor vehicle in the
commission of a felony; or
(3) A
combination of A and B above, may apply to the department for a review of a
lifetime disqualification from driving a commercial motor vehicle when the
driver has held a valid class D license for at least five consecutive years
immediately prior to the date of the application for review and during that
time the driver's record contains no convictions for moving
violations.
C. A lifetime
disqualification may be reduced to not less than 10 years when a driver meets
the minimum qualifications set out in the guidelines and submits a letter of
request to the director of the motor vehicle division along with any
substantiating material. If the director satisfied with the information
submitted, the director may reduce the lifetime disqualification to a period of
time which, when added to the period of time that has elapsed since the date of
the disqualification, will be not less than 10 years.
