New Mexico Resident Reinstatement
MVD Reinstatement Rules Policy
Pursuant to New Mexico statute 66-5-33.1, New Mexico Motor Vehicle Division evaluates the reinstatement eligibility for all drivers whose license or privilege to drive was suspended or revoked. In the case of a revocation pursuant to a violation of the Implied Consent Act or for a conviction for DUI, the specific provisions found in 66-5-33.1(B) are applied when determining the reinstatement eligibility of that individual.
When reviewing an individual for reinstatement eligibility, the Division interprets the requirement found in 66-5-33.1(B)(4) that there must be evidence that the driver has completed “a minimum of six months of driving with an ignition interlock license with no attempts to circumvent, remove, or tamper with the ignition interlock device” to mean that that individual must have met those requirements within the six months immediately prior to application for review of reinstatement eligibility. Further, the six months of driving with an ignition interlock license must not contain any gaps or other breaks in the validity of said interlock license.
The following examples demonstrate behavior that would cause the Division to deny a driver their reinstatement:
Example A: A Driver revoked from January 1, 2022 through January 1, 2023 pursuant to a DUI conviction installs an ignition interlock device in their vehicle and then purchases their interlock-restricted license on 1/1/22. However, on 10/1/22, they have the interlock device removed to sell their vehicle and fail to have it installed in their new vehicle. The driver’s revocation period ends as scheduled on 1/1/23, and they request a review for reinstatement eligibility on that date. They are denied reinstatement because they have failed to drive with an interlock device in conjunction with their interlock-restricted driver’s license for the full six-month period immediately prior to their request for reinstatement review.
Example B: As before, a driver is revoked from 1/1/22 through 1/1/23, and they purchase their interlock-restricted driver’s license on 1/1/22. However, their interlock-restricted driver’s license is suspended for failure to pay child support on 2/1/22, and they do not resolve that issue and reinstate their interlock-restricted license before requesting a review for reinstatement eligibility on 1/1/23. They are denied reinstatement because they have failed to drive with a valid interlock license during the six months prior to requesting a review for reinstatement.
Example C: As before, a driver is revoked from 1/1/22 through 1/1/23, and they purchase their interlock-restricted driver’s license on 1/1/22. From 1/1/22 through 9/30/22, their interlock license remains valid and they have no lockouts or tampering recorded on the interlock device. However, on 10/1/22, their interlock device records a lockout for too many high breath alcohol violations. This occurs again on 12/24/22. The driver submits their request for reinstatement review on 1/1/23. They are denied reinstatement because, despite their otherwise excellent records and device eligibility, they have two lockouts for high breath alcohol content recorded on their interlock device within the 6 months immediately prior to requesting a review for reinstatement.
Before you contact the DWI unit to reinstate your license, ensure that:
– The time for your revocation has ended.
– You’ve completed the interlock program.
Once these criteria are met, you can email the DWI Unit with your:
– Full name
– Date of birth
– License number
– Any questions you may have.
Email Address: DWI.reinstate@tax.nm.gov
After reviewing your information, you will be informed by an email response from the compliance unit they will email on whether or not you can reinstate your driving privileges.
Scheduling Your MVD Reinstatement Appointment
If your reinstatement is approved, the next step is to schedule an appointment with the MVD. For this appointment, remember to bring:
- An Affidavit of Reinstatement (you can find this form online).
- A payment of $102.00.
After you receive a copy of your temporary license, remember to arrange for the interlock device to be removed. Follow these steps to ensure that you can get your license back smoothly.