DWI Interlocks:
What to know & Where to go
Content:
Basics to Ignition Interlock
DWI Law
How to Obtain an Interlock
Out State Transfers
Reinstatment
FAQ
What is DWI?
• In New Mexico, it is illegal to drive with a breath or blood alcohol concentration of .08 or
more if you’re 21 or over, or .02 if you’re under 21, or .04 if you drive a commercial vehicle.
• If your breath or blood test is at or above the legal limit, or if you refuse to take the breath
or blood test, you will lose your license, in most cases for a year.
• You can be convicted of DWI even if the breath or blood test is below the legal limit if it is
proven that your ability to drive was impaired to the slightest degree by drugs or alcohol.
• People who drive after drinking risk heavy fines, higher insurance rates, loss of license and
jail sentences.
DWI
Law
• Driving a vehicle with a blood or breath alcohol content of .08% or higher, or driving under the influence of
drugs is a violation of New Mexico’s DWI laws.
• A DWI conviction can have both civic and financial consequences. New Mexico drunk driving criminal court
cases can result in punishment that includes jail time, fines, mandatory DWI educational programs, and
more. A DWI conviction may result in a driver’s license suspension from 90 days to one year or more. Find
out more by reading The High Cost of DWI in New Mexico (a DWI Laws Summary).
• In addition, since the Ignition Interlock law went in to effect on June 17, 2005, anyone in the state of New
Mexico convicted of a DWI, including first time offenders, must have an ignition interlock license and an
ignition interlock device installed in their vehicle. For the DWI offender, the only way to drive legally is to get
an ignition interlock license, proof of insurance, and have the device installed.
This Photo by Unknown author is licensed under CC BY-SA-NC.
Basics of Interlock (§66-5-503)
The Ignition Interlock License authorized by §66-5-503 is
available to an individual whose driving permit or license has
been revoked or denied for DWI. With an Ignition Interlock
License an individual can drive anytime and anywhere as long
as the vehicle is equipped with an ignition interlock device. An
Ignition Interlock License is identified on the front of the card as
an “INTERLOCK LICENSE” with the I (interlock system)
restriction.
An Ignition Interlock License is not available to a person who
has been convicted of homicide by vehicle or great bodily injury
by vehicle while under the influence of intoxicating liquor or
drugs.
Every DWI has two sides:
• The civil side, which is the MVD administrative action.
• The criminal conviction which is through the courts.
A person has 10 days to request a hearing with the
following form. Please note the red notice on the form: the
request MUST be submitted or postmarked within 10 days
from the date of receipt of notice of revocation. The
receipt of notice of revocation is the form law enforcement
gives the customer when they are pulled over. A Request
for Hearing form (MVD-10792) is available from any MVD
office and on the Internet – or you may simply submit a
letter requesting a hearing. Include a copy of the citation
or notice of revocation; information such as the driver’s
name, date of birth and social security number; and
(unless you can provide a letter of indigence) a $25 check
or money order. Indicate that you are contesting the
administrative revocation of your license. If the request for
hearing is not complete, you will receive a denial letter.
You may appeal the denial of a request for hearing to a
district court.
In the administrative hearing, the law enforcement
officer has only 4 points to prove:
•That the law enforcement officer had reasonable grounds to believe
the driver was driving a motor vehicle while under the influence of
intoxicating liquor
•Whether the person was arrested
•Whether the administrative hearing was held no later than 90 days
after the notice of revocation
•Either: a) the person refused to submit to the test upon request of
the law enforcement officer; or b) a chemical test was administered
and the test results indicated an alcohol concentration of .08 or more
for a person 21 years of age or older, .04 or more if the person is a
Commercial Driver License holder of .02 or more if the person is less
than 21 years of age.
How to Obtain an Interlock
License
Interlock Guidelines & Requirements
The fee for the ignition interlock license is $113.00. (See Slide 13 for Indigent Fund information)
• A customer getting his or her ignition interlock driver’s license must present a copy of the current contract
with the ignition interlock provider or Certificate of installation (both are not required), evidence of insurance
showing that the individual is a covered driver of the vehicle, and notarized Ignition Interlock Affidavit (MVD-
10456) is also required.
• A receipt from the ignition interlock provider is not sufficient. A copy of the actual ignition interlock
provider contract must be provided. That interlock provider contract must:
• be in effect and current on the date that the ignition interlock license is renewed;
• must be complete, including both the vehicle identification number (VIN) and the signature of the
interlock provider.
*If a customer has not been revoked yet, but does in fact need to get an interlock license, the customer will
need to provide their judgement and & sentencing (they can get that from either the court or the attorney that
represented them. J&S can be emailed to Nathalie Shelley (nathalie.s[email protected]) or the DWI Manager,
Liza Bernal-Aguirre (liza.bernal-[email protected]) for revocations only. All other DWI related questions,
please email dwi.reinsta[email protected]
Example: Valid NCL
Example: Revoked NCL
Example: Valid Revoked NCL
•It is not necessary that the current contract extend through the
license renewal period, only that it be current when the license
is renewed.
•Evidence of insurance must be in the form of an original
insurance company document (not a photocopy) that clearly
identifies the driver as an insured driver of the same vehicle
that is covered by the ignition interlock contract.
•A completed and notarized Affidavit For Ignition Interlock
License (MVD-10456) is also required. Available on the MVD
intranet and public TRD-MVD internet forms pages
Applicants for Replacement or No-Fee Correction Interlock
credentials are NOT required to provide the Affidavit.
Chapter 1, Section D. Interlock and Limited License
Requirements for Issuance of an Ignition Interlock License:
1.Positive proof of identification.
2. Proof of financial responsibility consisting of:
a) vehicle liability insurance policy or insurance certification;
b) insurance binder;
c) state Treasurer’s Certificate of Deposit; or
d) Surety Bond Certificate issued by MVD’s Mandatory Insurance Section
Insurance documentation must name the applicant as the insured or as a covered driver; and must include the name of
the insurance company, policy number, effective date and expiration date of coverage.
3.Proof that each motor vehicle to be operated by the applicant is equipped with an ignition interlock device (current
contract or certificate of installation.
4.Properly completed and notarized form MVD-10456, “Affidavit For Ignition Interlock License” available on the MVD
intranet and public TRD-MVD internet forms pages
5.$63.00 (Ignition Interlock License Fee) – Payable only if the application is approved and the license is issued (Class D, E or
M only).
6.Legislation enacted in the 2010 Legislative Session and effective July 1, 2010 requires a $50.00 ignition interlock fee to be
collected by MVD as an add-on fee when we issue an Ignition Interlock license. The fee will be charged as part of the
Tapestry issuance process, to every Ignition Interlock license applicant who has not been qualified as indigent with the
Traffic Safety Bureau (TSB). Every customer who qualifies as indigent with TSB is placed on a list that is communicated to
TRD-MVD and reflected in Tapestry. If the customer is on the TSB indigent list, the $50.00 fee will not be charged. If the
customer is charged the $50.00 fee, but claims that he or she is in fact indigent, the transaction should not be completed,
and the customer should be directed to contact the TSB to pursue indigent qualification.
Indigent Fund
Ignition Interlock Program | NMDOT
(right click to open links in orange)
TSD also administers a legislatively mandated ignition interlock indigent fund to provide a subsidy
to indigent offenders required to install an interlock device in their vehicles. If indigency is granted
and provided that money is available in the Interlock Device Fund, the NMDOT Traffic Safety
Division shall pay for one vehicle per offender, up to: $50.00 for the cost of installation; $30.00
monthly for verified active usage of the interlock device, and up to $50.00 for the cost of removal.
The offender is responsible for all other charges associated with the installation, servicing and
removal of the ignition interlock device.
To view, download and/or see if you qualify for the Ignition Interlock Indigent Fund, please click on
the application link below.
English Instructions & Application for Applying for Ignition Interlock Indigent Fund Assistance
(rtsclients.com)
Spanish Instructions & Application for Ignition Interlock Indigent Fund (rtsclients.com)
Ignition Interlock License Renewal:
• The customer is required to re-submit current documentation for renewal
of an Ignition Interlock License. Field offices are authorized to renew the
Interlock license after verifying the following information.
• Make sure that the customer has a current contract or certificate of installation
for the interlock device.
• Ensure the customer has a current notarized Ignition Interlock Affidavit (MVD-
10456).
• Verify that the customer has current insurance.
*Applicants for Replacements or No-Fee Correction Interlock credentials
are NOT required to provide the Affidavit.
Out of
State
Applicants
• 66-5-5 Persons not to be licensed
The division shall not issue a driver's
license under the Motor Vehicle Code [66-
1-1 NMSA 1978] to any person:
• E. … who was convicted on or after
June 17, 2005 of driving a motor vehicle
while under the influence of intoxication
liquor or drugs pursuant to the laws or
ordinances of any other state, the
District of Columbia or any
governmental subdivision thereof,
unless the person obtains an ignition
interlock license as provided
Prior DWI during transaction
When a customer has any prior DWIs in other states the results will appear in the AAMVA section of the
Registration case. Customers with prior DWIs on their accounts will be ineligible for credentials until they are
approved by the Compliance unit.
Results for prior DWIs will display in a table. The message that Tapestry is awaiting results will appear in red. If
the results do not immediately appear select the Waiting for DWI / Withdrawal Pending Response. Click to
Refresh hyperlink.
The DWI table will show beneath a message letting the user know that there was a prior out of state DWI. The
table will inform the user the AAMVA Key code for the conviction or withdrawal, the SSN of the customer, the
jurisdiction, the customer’s DLN, their name, and whether the offense is pending or a conviction.
Send email to DWI compliance with customer name and credential number and the words Customer In
Office in the subject line..
Reinstatement of Driver License
According to New Mexico statute 66-5-33.1B, any individual whose license
was revoked for DWI must meet the following requirements: the license
revocation period must be completed; all court ordered ignition interlock
requirements must be satisfied; and the driver must have completed a
minimum of 6 months of driving with an interlock device and an ignition
interlock license with no attempts to circumvent or tamper with the ignition
interlock device, and no more than two lockouts for high breath alcohol
content. These requirements must be met in the six months immediately
prior to requesting reinstatement.
Customers will email [email protected]v with
their full name, license number, DOB, and phone number
and ask the compliance unit if they are eligible for
reinstatement.
* Inform your customer DWI Compliance Unit will respond to their request
in the order it was received and not to send multiple requests.
Once they receive a response (approval or denial) from
the compliance unit, they can make an appointment at
MVDonline.com to either renew (denial) their interlock
license or reinstate (approval) their NCL.
The reinstatement fee is $102, plus the cost of their
Class D license and they will need an Affidavit of
Reinstatement MVD-10236.
Reinstatement
continued
• 66-5-33.1
D. The department may reinstate the
driving privileges of an out of state
resident without the requirement that the
person obtain an interlock license for a
minimum of six months, if the following
conditions are met:
1. The license revocation period
is completed;
2. Satisfactory proof is
presented to the department
that the person is no longer a
resident of New Mexico, and
3. The license reinstatement is
paid.
Chapter 13 Section H (manual) /General Questions Answered:
What if the customer has not been revoked yet but does need an interlock?
• The customer will need to provide their judgement and sentencing (they can get that from either the court
or the attorney that represented them. The J&S can be emailed to Nathalie Shelley
for revocations only. All other DWI related questions, please email [email protected]
How long is the DWI license revocation period?
Effective June 17, 2005:
• Implied consent:
• Adult Refusal – One Year
• Adult 1st Offense – Six Months
• Adult 2nd and Subsequent Offense – One Year
• Juvenile – One Year
• Criminal:
• 1st Offense – One Year
• 2nd Offense – Two Years
• 3rd Offense – Three Years
• 4th and Subsequent Offense – Lifetime
How long does a DWI
stay on my record?
A DWI will stay on the driving
record according to the date
the citation was issued:
A DWI
issued on
Will stay on the driver’s
record for
1953 through June 30,
1961
5 years
July 1, 1961 through
June 30, 1969
lifetime
July 1, 1969 through
June 30, 1975
5 years
July 1, 1975 through
June 30, 1990
lifetime
July 1, 1990 through
June 16, 2005
25 years
June 17, 2005 through
present
55 years
What do I need to do to reinstate my driver’s license once my revocation period is
over? (§66-5-33.1 (B) (4))
The driver must have “a minimum of six months of driving with an ignition interlock license with no attempts to
circumvent or tamper with the ignition interlock device.” The New Mexico Motor Vehicle Division interprets this to mean
a consecutive six months with no break in service or license status. After the interlock license is issued, if a failure to
appear in court violation, a parental responsibility violation, an unpaid citation violation or any other offense that would
invalidate the driving privileges is placed on the driving record, the six month period would restart again on the date the
driving privileges are restored.
You will need to provide proof of your identity, pay a $102 reinstatement fee, and take the written and road exams, if you
have been revoked for more than a five year period.
If you were under a five-year or a 10-year denial period, you must petition a district court in your county of residence to
restore your driving privileges. A Restoration Packet will be provided by any local MVD office along with a copy of your
driving history.
Exception: MVD field offices may not provide restoration packets to residents of Bernalillo County. The Bernalillo
County restoration packet is available only from the Second Judicial District Court at 400 Lomas NW in Albuquerque.
If you are under a current lifetime revocation, you are eligible to apply to a district court for removal of the ignition
interlock device requirement and restoration of the license five years from the date of conviction and every five years
thereafter.
Anyone on revocation for a DWI offense is eligible to apply for and receive an Ignition Interlock License upon providing
proof of insurance and the installation of an Ignition Interlock Device in any car the individual drives.
What happens if I downgrade to an ID from an Interlock License?
You will lose the time already accrued on the interlock license and interlock device and will be required to
start the consecutive six month period again once you have upgraded back to an interlock license.
Brought to you by: Annette Rodgers- Farmington, Lisa Blazon- Albuquerque, and Kelly Tyler- Los Alamos
