New Mexico Drivers License Hardship Law

Drivers Hardship License Law – General – New Mexico

1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?

Yes, a limited license may be applied for under § 66-5-35 when a person’s license is suspended or revoked.

2. Is an agency hearing required before a hardship license is issued?

No. § 66-5-35 provides that the department, within twenty days of denial of an application for a limited driver’s license or permit pursuant to this section, shall afford the applicant a hearing in the county in which the applicant resides, unless the department and the licensee agree that the hearing may be held in some other county. The department may extend the twenty-day period, provided that the extension is in writing and made no later than fifteen days after receipt of an application.

Also, a person adversely affected by an order of the hearing officer may seek review within thirty days in the district court in the county in which he resides.

3. Do prior offenses prevent me from obtaining a hardship license?

Under § 66-5-35, the following are not eligible to apply

(1) for a limited commercial driver’s license or an ignition interlock license in lieu of a revoked or suspended commercial driver’s license;
(2) for a limited license when the person’s driver’s license was revoked pursuant to the provisions of the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978], except as provided in Subsection B of this section or the Ignition Interlock Licensing Act [Chapter 66, Article 5, Part 6 NMSA 1978];
(3) for a limited license when the person’s license was revoked pursuant to the provisions of Section 66-8-102 NMSA 1978 (DUI), except as provided in the Ignition Interlock Licensing Act;
(4) for a limited license when the person’s driver’s license is denied pursuant to the provisions of Subsection D of Section 66-5-5 NMSA 1978 (unlicensed drivers), except as provided in the Ignition Interlock Licensing Act; or
(5) for a limited license when the person’s driver’s license was revoked pursuant to a conviction for committing homicide by vehicle or great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978.Also, a prior conviction under Paragraph (1) or (2) of Subsection C of Section 66-8-111 NMSA 1978 (implied consent law) may make a person ineligible for a limited license.

4. What are the requirements for getting a hardship license?

Under § 66-5-35, anyone whose license is revoked the first time pursuant to the provisions of Paragraph (1) or (2) of Subsection C of Section 66-8-111 NMSA 1978 Implied consent) may apply for and shall receive a limited license, permit or an ignition interlock license thirty days after suspension or revocation of his license if the person pays every fee, meets the criteria for limited driving privileges established in rules by the department and provides the department with documentation of the following:

(1) that the person is enrolled in a DWI school approved by the traffic safety bureau and an approved alcohol screening program; and
(2) proof of financial responsibility pursuant to the provisions of the Mandatory Financial Responsibility Act [Chapter 66, Article 5, Part 3 NMSA 1978];

5. Does a lifetime or mandatory revocation make you ineligible for restricted driving privileges?

§ 66-5-29 provides that a person whose license or privilege has been revoked pursuant to the provisions of this subsection shall not be entitled to apply for or receive any new license or privilege until the expiration of one year from the date of the last application on which the revoked license was surrendered to and received by the division, if no appeal is filed, or one year from the date that the revocation is final and the person has exhausted his rights to an appeal.

6. Can minors receive limited driving privileges?

Yes, minors may apply for a limited license under § 66-5-35, if the above conditions apply. § 66-5-35 specifically applies to delinquent adjudications.


Inside New Mexico Drivers License Hardship Law