How to get your license back after a DUI in New Mexico
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the New Mexico Taxation and Revenue Department, Motor Vehicle Division lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Complete the revocation period
The MVD's New Mexico Resident Reinstatement page tells drivers that before contacting the DWI unit to reinstate, the time for the revocation must have ended. The MVD DWI FAQ lists the revocation periods: Implied Consent, six months (adult first offense) or one year (refusal, second/subsequent, juvenile); criminal conviction, one year (first), two years (second), three years (third), lifetime (fourth and subsequent).
What the source says
“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.”
- 2
Complete the interlock program (six months of interlock-license driving)
The MVD applies NMSA 1978 § 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, remove or tamper with the device. The MVD interprets this as the six months immediately before the reinstatement review, with no gaps or breaks in the validity of the interlock license, and denies reinstatement if two lockouts are recorded in that window.
What the source says
“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””
- 3
Email the MVD DWI Unit for a reinstatement eligibility review
Once the revocation has ended and the interlock program is complete, the driver emails the DWI Unit ([email protected]) with full name, date of birth and license number; the compliance unit replies by email stating whether the driver can reinstate.
What the source says
“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: [email protected]”
- 4
Schedule an MVD reinstatement appointment and pay the $102 fee
If reinstatement is approved, the driver schedules an MVD appointment and brings an Affidavit of Reinstatement and a payment of $102.00. The DWI FAQ adds that proof of identity is required and that the written and road exams must be taken if the revocation lasted more than five years.
What the source says
“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.”
- 5
Arrange removal of the interlock device after receiving the temporary license
The MVD states that after the driver receives a copy of the temporary license, the driver arranges for the interlock device to be removed.
What the source says
“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.”
Official reinstatement page: New Mexico Taxation and Revenue Department, Motor Vehicle Division
Conditions that travel with reinstatement
| Reinstatement fee | $102 |
|---|---|
| SR-22 / financial-responsibility filing | No — details |
| Ignition interlock | New Mexico interlock rule |
| Required program | DWI school (driver rehabilitation program for alcohol or drugs) and screening program |
| Driving during the suspension | Ignition Interlock License |
Required program: DWI school (driver rehabilitation program for alcohol or drugs) and screening program
Under NMSA 1978 § 66-8-102(E), on a first DWI conviction the court orders the offender to participate in and complete a screening program and to attend a driver rehabilitation program for alcohol or drugs, also known as a 'DWI school', approved by the bureau (the Traffic Safety Bureau/Division). Separately, the MVD requires a first-time New Mexico license applicant age 25 or over who has ever been convicted of DWI to show completion of a bureau-approved DWI Prevention and Education Program (the MVD names UNM's 'None for the Road' program as satisfying this).
“The offender shall be ordered by the court to participate in and complete a screening program described in Subsection L of this section and to attend a driver rehabilitation program for alcohol or drugs, also known as a "DWI school", approved by the bureau”
Driving during the suspension: Ignition Interlock License
Per the MVD Driver Procedures Manual (Chapter 10, Section D), 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; the holder can drive anytime and anywhere as long as the vehicle is equipped with an ignition interlock device. It is marked 'INTERLOCK LICENSE' with the P restriction and is not available to a person convicted of homicide by vehicle or great bodily injury by vehicle while under the influence. Issuance requires proof of identity, proof of financial responsibility (insurance policy/certification, binder, State Treasurer's certificate of deposit or surety bond certificate), proof that each vehicle to be operated has an interlock, a notarized Affidavit for Ignition Interlock License (MVD-10456), the $63.00 license fee and a $50.00 ignition interlock fee unless the applicant is qualified as indigent by the Traffic Safety Bureau. The MVD states the § 66-5-35 Limited License is not available for a DWI revocation.
“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”
When the interlock can be removed
NMSA 1978 § 66-5-33.1(B) conditions reinstatement after a DWI, aggravated DWI or Implied Consent revocation on: the additional $75 fee, completion of the revocation period, satisfaction of any court-ordered interlock requirements, a minimum of six months of driving with an ignition interlock license with no attempts to circumvent, remove or tamper with the device, evidence the device has not recorded two vehicle lockouts, and evidence of verified active usage as defined by the bureau. The MVD applies the six months to the six months immediately before the reinstatement review, with no gaps in the interlock license, and directs the driver to arrange device removal after the temporary license is issued at reinstatement. For a lifetime revocation, the MVD DWI FAQ states the person may apply to a district court for removal of the interlock requirement five years from the date of conviction and every five years thereafter. No state-set removal fee cap was found on an official page.
Compliance period: Minimum six consecutive months of interlock-license driving immediately before the reinstatement review, with no circumvention/tampering attempts and fewer than two recorded vehicle lockouts
“(4) 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; (5) evidence that the ignition interlock device has not recorded two vehicle lockouts”
Questions about reinstatement in New Mexico
- What does New Mexico require to reinstate a license after a DWI revocation?
- Under NMSA 1978 § 66-5-33.1(B), reinstatement after a DWI or Implied Consent revocation requires an additional $75 fee, completion of the revocation period, satisfaction of court-ordered interlock requirements, six months of driving with an ignition interlock license without circumvention or tampering, evidence of no two lockouts, and verified active usage. The MVD's reinstatement page directs drivers to email the DWI Unit for review, then bring an Affidavit of Reinstatement and $102.00 to an MVD appointment.
- How does the MVD count the six months of interlock driving?
- The MVD's Reinstatement Rules Policy states it reads § 66-5-33.1(B)(4) to mean the requirements must be met within the six months immediately before the request for reinstatement review, with no gaps or breaks in the validity of the interlock license. Its examples show denial where the device was removed early, where the interlock license was suspended for child support, or where two lockouts were recorded in the six-month window.
- Can a person drive during a New Mexico DWI revocation?
- The MVD DWI FAQ states that anyone on revocation for a DWI offense is eligible to apply for and receive an Ignition Interlock License upon providing proof of insurance and installing an ignition interlock device in any car the individual drives. Per the MVD Driver Procedures Manual, the interlock license allows driving anytime and anywhere in an interlock-equipped vehicle, while the § 66-5-35 Limited License is not available for DWI revocations.
Sources
- NM MVD - New Mexico Resident Reinstatement (MVD Reinstatement Rules Policy; DWI Unit review; $102.00; interlock removal)
- NM MVD - DWI FAQ (revocation periods; six-month interlock rule; $102 fee; exams after 5+ year revocations; lifetime revocation removal)
- NM MVD - Chapter 10: Reinstatement Requirements (Driver Procedures Manual; Ignition Interlock License vs Limited License; DWI Prevention and Education Program)
- NM MVD - How to Get an Interlock and Interlock Driver's License (documents for the interlock license appointment; 'None for the Road')
- NMOneSource (New Mexico Compilation Commission) - NMSA 1978 Chapter 66 full-text document (§ 66-5-33.1 reinstatement; § 66-8-102(E) DWI school)