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New Mexico Statutes Chapter 66. Motor Vehicles § 66-8-111.1. Law enforcement officer agent for department; written notice of revocation and right to hearing

Current as of January 01, 2024 | Updated by Findlaw Staff

A. On behalf of the department, a law enforcement officer requesting a chemical test or directing the administration of a chemical test pursuant to Section 66-8-107 NMSA 1978 shall serve immediate written notice of revocation and of right to a hearing before the administrative hearings office pursuant to the Implied Consent Act on a person who:

(1) refuses to permit chemical testing; or

(2) submits to a chemical test the results of which indicate an alcohol concentration in the person's blood or breath of:

(a) eight one hundredths or more if the person is twenty-one years of age or older;

(b) four one hundredths or more if the person is driving a commercial motor vehicle; or

(c) two one hundredths or more if the person is less than twenty-one years of age.

B. The written notice of revocation and of a right to a hearing served on the driver shall be a temporary license valid for twenty days or, if the driver requests a hearing pursuant to Section 66-8-112 NMSA 1978, valid until the date the administrative hearings office issues the order following that hearing; provided that a written notice of revocation and right to a hearing shall not be a temporary license for a driver without any otherwise valid driving privileges in this state.

C. The law enforcement officer shall send to the department the signed statement required pursuant to Section 66-8-111 NMSA 1978.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 66. Motor Vehicles § 66-8-111.1. Law enforcement officer agent for department; written notice of revocation and right to hearing - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-66-motor-vehicles/nm-st-sect-66-8-111-1/

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