d.and = = 19 a l (2) upon a third conviction, an offender shall i a e r 20 be sentenced to a jail term of not less than thirty consecutive a t m m 21 days, not less than ninety-six hours of community service and a d r e 22 fine of seven hundred fifty dollars ($750).

AIn concentrationaddition ofto atc leaste 5s nanogramsk 23 those penalties, when an offender commits aggravated driving e a n b 24 under the influence of delta-9-tetrahydrocannabinolintoxicating metaboliteliquor inor drugs, the person'su blood."[ *H766-v-1*offender Generalshall Assemblybe Ofsentenced Northto Carolinaa Sessionjail 2017term SECTIONof 2.not less than .223974.1 - 5 - sixty consecutive days.

G.S.If an offender fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional sixty consecutive days in jail.

20-138.2(a)A readspenalty asimposed rewritten:pursuant to this paragraph shall not be suspended or deferred or taken under advisement.

"§G. 20-138.2.

ImpairedUpon drivinga infourth commercialconviction vehicle.pursuant to this section, an offender is guilty of a fourth degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a term of imprisonment of eighteen months, six months of which shall not be suspended, deferred or taken under advisement.

(a)H. Offense.

–Upon Aa personfifth commitsconviction thepursuant offenseto ofthis impairedsection, drivingan inoffender is guilty of a commercialfourth motordegree vehiclefelony ifand, henotwithstanding the personprovisions drivesof Section 31-18-15 NMSA 1978, e t 17 shall be sentenced to a commercialterm motorof vehicleimprisonment uponof anytwo highway,years, anyone street,w orl anyn publicd vehicular18 areayear withinof thewhich State:thisshall Statenot be suspended, deferred or taken under any= of= the19 followinga circumstances:l advisement.

(1)i Whilea undere ther influence20 ofI. an impairing substance;

orsubstance.Upon a sixth conviction pursuant to this a t m m 21 section, an offender is guilty of a third degree felony and, d r e 22 notwithstanding the provisions of Section 31-18-15 NMSA 1978, c e s k 23 shall be sentenced to a term of imprisonment of thirty months, e a n b 24 eighteen months of which shall not be suspended, deferred or u [ taken under advisement.

(2).223974.1 After- having6 consumed- sufficientJ. alcohol that he the person has, at any relevant time after the driving, an alcohol concentration of 0.04 or more.

TheUpon resultsa seventh conviction pursuant to this section, an offender is guilty of a chemicalthird analysisdegree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be deemedsentenced sufficientto evidencea toterm proveof aimprisonment person'sof alcoholthree concentration;years, two years of which shall not be suspended, deferred or taken under advisement.

orconcentration.K.

(3)Upon Withan anyeighth amountor subsequent conviction pursuant to this section, an offender is guilty of a Schedulesecond Idegree controlledfelony substance,and, asnotwithstanding listedthe inprovisions G.S.of Section 31-18-15 NMSA 1978, shall be sentenced to a term of imprisonment of twelve years, ten years of which shall not be suspended, deferred or taken under advisement.

90-89,L. or its metabolites in his blood or urine.any of the following controlled substances in the person's blood or urine:

a.Upon any conviction pursuant to this section, an offender shall be required to participate in and complete, within a time specified by the court, an alcohol or drug abuse screening program approved by the department of finance and e t 17 administration and, if necessary, a treatment program approved w l n d 18 by the court.

AThe Schedulerequirement Iimposed controlledpursuant substance,to asthis listed= in= G.S.19 a l subsection shall not be suspended, deferred or taken under i a e r 20 advisement.

90-89,a ort itsm metabolites.m 21 M.

b.Upon a second or third conviction pursuant to d r e 22 this section, an offender shall be required to participate in c e s k 23 and complete, within a time specified by the court:

Cocainee a n b 24 (1) not less than a twenty-eight-day u [ inpatient, residential or itsin-custody metabolites.substance abuse treatment .223974.1 - 7 - program approved by the court;

c.(2) not less than a ninety-day outpatient treatment program approved by the court;

Phencyclidine(3) ora itsdrug metabolites.court program approved by the court;

d.or (4) any other substance abuse treatment program approved by the court.

MethamphetamineThe requirement imposed pursuant to this subsection shall not be suspended, deferred or itstaken metabolites.under advisement.

e.N.

KetamineUpon ora felony conviction pursuant to this section, the corrections department shall provide substance abuse counseling and treatment to the offender in its metabolites.custody.

(4)While Withthe aoffender concentrationis ofon delta-9-tetrahydrocannabinolprobation or delta-9-tetrahydrocannabinolparole metaboliteunder inits supervision, the person'scorrections blooddepartment orshall urinealso thatprovide reachessubstance oneabuse ofcounseling and treatment to the followingoffender levels:or shall require the offender to obtain substance abuse counseling e t 17 and treatment.

a.w l n d 18 O.

AUpon a conviction pursuant to this section, an = = 19 a l offender who had an alcohol concentration ofas atset leastout 10in nanogramsi a e r 20 Subsection C of delta-9-tetrahydrocannabinolthis insection shall be required to obtain an a t m m 21 ignition interlock license and have an ignition interlock d r e 22 device installed and operating on all motor vehicles driven by c e s k 23 the person'soffender, urine.pursuant to rules adopted by the bureau.

b.Unless e a n b 24 determined by the bureau to be indigent, the offender shall pay u [ all costs associated with having an ignition interlock device .223974.1 - 8 - installed on the appropriate motor vehicles.

AThe concentrationoffender ofshall atoperate leastonly 2those nanogramsvehicles ofequipped delta-9-tetrahydrocannabinolwith inignition theinterlock person'sdevices blood.for:

c.(1) a period of one year, for a first [offender] conviction;

A(2) concentrationa period of attwo leastyears, 15for nanogramsa ofsecond delta-9-tetrahydrocannabinolconviction metabolite[pursuant into thethis person'ssection]; urine.

d.(3) a period of three years, for a third conviction [pursuant to this section];

Aor concentration(4) the remainder of atthe leastoffender's 5life, nanogramsfor ofa delta-9-tetrahydrocannabinolfourth metaboliteor insubsequent theconviction person's[pursuant blood."to SECTIONthis 3.section].

ThisP. act becomes effective December 1, 2017, and applies to offenses committed on or after that date.

PageFive 2years Housefrom Billthe 766-Firstdate Editionof a fourth or subsequent conviction pursuant to this section and every five years thereafter, [a fourth or subsequent] an offender may apply to a district court for restoration of a driver's license and for removal of the ignition interlock device requirement e t 17 [provided in this section and for restoration of a driver's w l n d 18 license], if applicable.

A district court may, for good cause = = 19 a l shown, remove the ignition interlock device requirement and i a e r 20 order restoration of the license;

provided that the offender a t m m 21 has not been subsequently convicted of driving a motor vehicle d r e 22 under the influence of intoxicating liquor or drugs.

Good c e s k 23 cause may include an alcohol screening and proof from the e a n b 24 interlock vendor that the person has not had violations of the u [ interlock device.

.223974.1 - 9 - Q.

An offender who obtains an ignition interlock license and installs an ignition interlock device prior to conviction shall be given credit at sentencing for the time period the ignition interlock device has been in use.

R.

In the case of a first, second or third offense under this section, the magistrate court has concurrent jurisdiction with district courts to try the offender.

S.

A conviction pursuant to a municipal or county ordinance in New Mexico or a law of any other jurisdiction, territory or possession of the United States or of a tribe, when that ordinance or law is equivalent to New Mexico law for driving under the influence of intoxicating liquor or drugs, and prescribes penalties for driving under the influence of intoxicating liquor or drugs, shall be deemed to be a conviction pursuant to this section for purposes of determining whether a conviction is a second or subsequent conviction.

e t 17 T.

In addition to any other fine or fee that may be w l n d 18 imposed pursuant to the conviction or other disposition of the = = 19 a l offense under this section, the court may order the offender to i a e r 20 pay the costs of any court-ordered screening and treatment a t m m 21 programs.

d r e 22 U.

With respect to this section and notwithstanding c e s k 23 any provision of law to the contrary, if an offender's sentence e a n b 24 was suspended or deferred in whole or in part and the offender u [ violates any condition of probation, the court may impose any .223974.1 - 10 - sentence that the court could have originally imposed and credit shall not be given for time served by the offender on probation.

V.

As used in this section:

(1) "bodily injury" means an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person's body;

and (2) "commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

(a) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds;

e t 17 (b) has a gross vehicle weight rating of w l n d 18 more than twenty-six thousand pounds;

= = 19 a l (c) is designed to transport sixteen or i a e r 20 more passengers, including the driver;

or a t m m 21 (d) is of any size and is used in the d r e 22 transportation of hazardous materials, which requires the motor c e s k 23 vehicle to be placarded under applicable law." e a n b 24 SECTION 2.

Section 66-8-110 NMSA 1978 (being Laws 1978, u [ Chapter 35, Section 518, as amended) is amended to read:

.223974.1 - 11 - "66-8-110.

USE OF TESTS IN CRIMINAL ACTIONS OR CIVIL ACTIONS--LEVELS OF INTOXICATION--MANDATORY CHARGING.-- A.

The results of a test performed pursuant to the Implied Consent Act may be introduced into evidence in any civil action or criminal action arising out of the acts alleged to have been committed by the person tested for driving a motor vehicle while under the influence of intoxicating liquor or drugs.

B.

When the blood or breath of the person tested contains:

(1) an alcohol concentration of less than four one hundredths, it shall be presumed that the person was not under the influence of intoxicating liquor;

(2) an alcohol concentration of at least four one hundredths but less than eight one hundredths:

(a) no presumption shall be made that e t 17 the person either was or was not under the influence of w l n d 18 intoxicating liquor, unless the person is driving a commercial = = 19 a l motor vehicle;

and i a e r 20 (b) the amount of alcohol in the a t m m 21 person's blood or breath may be considered with other competent d r e 22 evidence in determining whether the person was under the c e s k 23 influence of intoxicating liquor;

or e a n b 24 (3) an alcohol concentration of four one u [ hundredths or more and the person is driving a commercial .223974.1 - 12 - vehicle, it shall be presumed that the person is under the influence of intoxicating liquor.

C.

The arresting officer shall charge the person tested with a violation of Section 66-8-102 NMSA 1978 when the blood or breath of the person contains an alcohol concentration, [of:

(1) eight one hundredths or more;

or (2) four one hundredths or more if the person is driving a commercial motor vehicle] any concentration of delta-9-tetrahydrocannabinol or delta-9-tetrahydrocannabinol metabolite or a controlled substance or metabolite concentration that is unlawful pursuant to the provisions of Section 66-8-102 NMSA 1978.

D.

When a person is less than twenty-one years of age and the blood or breath of the person contains an alcohol concentration of two one hundredths or more, the person's e t 17 driving privileges shall be revoked pursuant to the provisions w l n d 18 of the Implied Consent Act.

= = 19 a l E.

If the test performed pursuant to the Implied i a e r 20 Consent Act is administered more than three hours after the a t m m 21 person was driving a vehicle, the test result may be introduced d r e 22 as evidence of the alcohol, delta-9-tetrahydrocannabinol or c e s k 23 delta-9-tetrahydrocannabinol metabolite or controlled substance e a n b 24 concentration in the person's blood or breath at the time of u [ the test and the trier of fact shall determine what weight to .223974.1 - 13 - give the test result for the purpose of determining a violation of Section 66-8-102 NMSA 1978.

F.

The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of blood or the grams of alcohol in two hundred ten liters of breath.

G.

The presumptions in Subsection B of this section do not limit the introduction of other competent evidence concerning whether the person was under the influence of intoxicating liquor.

H.

If a person is convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs, the trial judge shall inquire into the past driving record of the person before sentence is entered in the matter." SECTION 3.

Section 66-8-111 NMSA 1978 (being Laws 1978, Chapter 35, Section 519, as amended) is amended to read:

e t 17 "66-8-111.

REFUSAL TO SUBMIT TO CHEMICAL TESTS--TESTING-- w l n d 18 GROUNDS FOR REVOCATION OF LICENSE OR PRIVILEGE TO DRIVE.-- = = 19 a l A.

If a person under arrest for violation of an i a e r 20 offense enumerated in the Motor Vehicle Code refuses upon a t m m 21 request of a law enforcement officer to submit to chemical d r e 22 tests designated by the law enforcement agency as provided in c e s k 23 Section 66-8-107 NMSA 1978, none shall be administered except e a n b 24 when a municipal judge, magistrate or district judge issues a u [ search warrant authorizing chemical tests as provided in .223974.1 - 14 - Section 66-8-107 NMSA 1978 upon finding in a law enforcement officer's written affidavit that there is probable cause to believe that the person has driven a motor vehicle while under the influence of alcohol or a controlled substance, thereby causing the death or great bodily injury of another person, or there is probable cause to believe that the person has committed a felony while under the influence of alcohol or a controlled substance and that chemical tests as provided in Section 66-8-107 NMSA 1978 will produce material evidence in a felony prosecution.

B.

The department, upon receipt of a statement signed under penalty of perjury from a law enforcement officer stating the officer's reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor or drugs and that, upon request, the person refused to submit to a e t 17 chemical test after being advised that failure to submit could w l n d 18 result in revocation of the person's privilege to drive, shall = = 19 a l revoke the person's New Mexico driver's license or any i a e r 20 nonresident operating privilege for a period of one year or a t m m 21 until all conditions for license reinstatement are met, d r e 22 whichever is later.

c e s k 23 C.

The department, upon receipt of a statement e a n b 24 signed under penalty of perjury from a law enforcement officer u [ stating the officer's reasonable grounds to believe the .223974.1 - 15 - arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor, delta- 9-tetrahydrocannabinol or a delta-9-tetrahydrocannabinol metabolite or a controlled substance and that the person submitted to chemical testing pursuant to Section 66-8-107 NMSA 1978 and the test results indicated an alcohol concentration, any concentration of delta-9-tetrahydrocannabinol or delta-9- tetrahydrocannabinol metabolite or a controlled substance or a metabolite concentration that is unlawful pursuant to Section 66-8-102 NMSA 1978 or an alcohol concentration in the person's blood or breath of [eight one hundredths or more if the person is twenty-one years of age or older, four one hundredths or more if the person is driving a commercial motor vehicle or] two one hundredths or more if the person is less than twenty- one years of age, shall revoke the person's license or permit to drive or [his] nonresident operating privilege for a period e t 17 of:

w l n d 18 (1) six months or until all conditions for = = 19 a l license reinstatement are met, whichever is later, if the i a e r 20 person is twenty-one years of age or older;

a t m m 21 (2) one year or until all conditions for d r e 22 license reinstatement are met, whichever is later, if the c e s k 23 person was less than twenty-one years of age at the time of the e a n b 24 arrest, notwithstanding any provision of the Children's Code;

u [ or .223974.1 - 16 - (3) one year or until all conditions for license reinstatement are met, whichever is later, if the [person has previously had his] person's license has been revoked previously pursuant to the provisions of this section, notwithstanding the provisions of Paragraph (1) of this subsection.

D.

The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of blood or the grams of alcohol in two hundred ten liters of breath.

E.

If the person subject to the revocation provisions of this section is a resident or will become a resident within one year and is without a license to operate a motor vehicle in this state, the department shall deny the issuance of a license to [him] the person for the appropriate period of time as provided in Subsections B and C of this e t 17 section.

w l n d 18 F.

A statement signed by a law enforcement officer, = = 19 a l pursuant to the provisions of Subsection B or C of this i a e r 20 section, shall be sworn to by the officer or shall contain a a t m m 21 declaration substantially to the effect:

"I hereby declare d r e 22 under penalty of perjury that the information given in this c e s k 23 statement is true and correct to the best of my knowledge.".

e a n b 24 The statement may be signed and submitted electronically in a u [ manner and form approved by the department.

A law enforcement .223974.1 - 17 - officer who signs a statement knowing that the statement is untrue in any material issue or matter is guilty of perjury as provided in Section 66-5-38 NMSA 1978." SECTION 4.

Section 66-8-111.1 NMSA 1978 (being Laws 1984, Chapter 72, Section 7, as amended) is amended to read:

"66-8-111.1.

LAW ENFORCEMENT OFFICER AGENT FOR DEPARTMENT--WRITTEN NOTICE OF REVOCATION AND RIGHT TO HEARING.-- 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 e t 17 which indicate an alcohol, a controlled substance or a w l n d 18 metabolite concentration or any concentration of = = 19 a l delta-9-tetrahydrocannabinol or delta-9-tetrahydrocannabinol i a e r 20 metabolite that is unlawful pursuant to Section 66-8-102 NMSA a t m m 21 1978 or an alcohol concentration in the person's blood or d r e 22 breath of c e s k 23 [(a) eight one hundredths or more if the e a n b 24 person is twenty-one years of age or older;

u [ (b) four one hundredths or more if the .223974.1 - 18 - 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." SECTION 5.

Section 66-8-112 NMSA 1978 (being Laws 1978, e t 17 Chapter 35, Section 520, as amended) is amended to read:

w l n d 18 "66-8-112.

REVOCATION OF LICENSE OR PRIVILEGE TO = = 19 a l DRIVE--NOTICE--EFFECTIVE DATE--HEARING--HEARING COSTS-- i a e r 20 REVIEW.-- a t m m 21 A.

The effective date of revocation pursuant to d r e 22 Section 66-8-111 NMSA 1978 is twenty days after notice of c e s k 23 revocation or, if the person whose driver's license or e a n b 24 privilege to drive is being revoked or denied requests a u [ hearing pursuant to the Administrative Hearings Office Act, the .223974.1 - 19 - date that the administrative hearings office issues the order following that hearing.

The date of notice of revocation is:

(1) the date the law enforcement officer serves written notice of revocation and of right to a hearing pursuant to Section 66-8-111.1 NMSA 1978;

or (2) in the event the results of a chemical test cannot be obtained immediately, the date notice of revocation is served by mail by the department.

This notice of revocation and of right to a hearing shall be sent by certified mail and shall be deemed to have been served on the date borne by the return receipt showing delivery, refusal of the addressee to accept delivery or attempted delivery of the notice at the address obtained by the arresting law enforcement officer or on file with the department.

B.

Within ten days after receipt of notice of revocation pursuant to Subsection A of this section, a person e t 17 whose license or privilege to drive is revoked or denied or the w l n d 18 person's agent may request a hearing.

The hearing request = = 19 a l shall be made in writing and shall be accompanied by a payment i a e r 20 of twenty-five dollars ($25.00) or a sworn statement of a t m m 21 indigency on a form provided by the department.

A standard for d r e 22 indigency shall be established pursuant to rules adopted by the c e s k 23 department.

Failure to request a hearing within ten days shall e a n b 24 result in forfeiture of the person's right to a hearing.

Any u [ person less than eighteen years of age who fails to request a .223974.1 - 20 - hearing within ten days shall have notice of revocation sent to the person's parent, guardian or custodian by the department.

A date for the hearing shall be set by the administrative hearings office, if practical, within thirty days after receipt of notice of revocation.

The hearing shall be held in the county in which the offense for which the person was arrested took place.

C.

The administrative hearings office may postpone or continue any hearing on its own motion or upon application from the person and for good cause shown for a period not to exceed ninety days from the date of notice of revocation and, provided that, upon a continuance, the department shall extend the validity of the temporary license for the period of the postponement or continuation.

D.

At the hearing, the administrative hearings office may administer oaths and may issue subpoenas for the e t 17 attendance of witnesses and the production of relevant books w l n d 18 and papers.

= = 19 a l E.

The hearing shall be limited to the following i a e r 20 issues:

a t m m 21 (1) whether the law enforcement officer had d r e 22 reasonable grounds to believe that the person had been driving c e s k 23 a motor vehicle within this state while under the influence of e a n b 24 intoxicating liquor or drugs;

u [ (2) whether the person was arrested;

.223974.1 - 21 - (3) whether this hearing is held no later than ninety days after notice of revocation;

and either (4) whether:

(a) the person refused to submit to a test upon request of the law enforcement officer;

and (b) the law enforcement officer advised that the failure to submit to a test could result in revocation of the person's privilege to drive;

or (5) whether:

(a) the chemical test was administered pursuant to the provisions of the Implied Consent Act;

and (b) the test results indicated an alcohol, a delta-9-tetrahydrocannabinol or delta-9- tetrahydrocannabinol metabolite, a controlled substance or a metabolite concentration that is unlawful pursuant to Section 66-8-102 NMSA 1978 or an alcohol concentration in the person's e t 17 blood or breath of [eight one hundredths or more if the person w l n d 18 is twenty-one years of age or older, four one hundredths or = = 19 a l more if the person is driving a commercial motor vehicle or] i a e r 20 two one hundredths or more if the person is less than twenty- a t m m 21 one years of age.

d r e 22 F.

The administrative hearings office shall enter c e s k 23 an order sustaining the revocation or denial of the person's e a n b 24 license or privilege to drive if the hearing officer from the u [ administrative hearings office finds that:

.223974.1 - 22 - (1) the law enforcement officer had reasonable grounds to believe the driver was driving a motor vehicle while under the influence of intoxicating liquor or drugs;

(2) the person was arrested;

(3) this hearing is held no later than ninety days after notice of revocation;

and (4) either:

(a) the person refused to submit to the test upon request of the law enforcement officer after the law enforcement officer advised the person that the person's failure to submit to the test could result in the revocation of the person's privilege to drive;

or (b) that a chemical test was administered pursuant to the provisions of the Implied Consent Act and the test results indicated an alcohol, a delta-9- tetrahydrocannabinol or delta-9-tetrahydrocannabinol e t 17 metabolite, a controlled substance or a metabolite w l n d 18 concentration that is unlawful pursuant to Section 66-8-102 = = 19 a l NMSA 1978 or an alcohol concentration in the person's blood or i a e r 20 breath of [eight one hundredths or more if the person is a t m m 21 twenty-one years of age or older, four one hundredths or more d r e 22 if the person is driving a commercial motor vehicle or] two one c e s k 23 hundredths or more if the person is less than twenty-one years e a n b 24 of age.

u [ G.

If one or more of the elements set forth in .223974.1 - 23 - Paragraphs (1) through (4) of Subsection F of this section are not found by the hearing officer, the person's license shall not be revoked.

H.

A person adversely affected by an order of the administrative hearings office may seek review within thirty days in the district court in the county in which the offense for which the person was arrested took place.

The district court, upon thirty days' written notice to the department, shall hear the case.

On review, it is for the court to determine only whether reasonable grounds exist for revocation or denial of the person's license or privilege to drive based on the record of the administrative proceeding.

I.

Any person less than eighteen years of age shall have results of the person's hearing forwarded by the administrative hearings office to the person's parent, guardian or custodian." e t 17 - 24 - w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .223974.1