§ 66-5-9 — Application for license or renewal

A. An application for a license or a renewal of a license shall be made upon a form furnished by the department. An application shall be accompanied by the proper fee. For licenses other than those issued pursuant to the New Mexico Commercial Driver's License Act, submission of a complete application with payment of the fee entitles the applicant to not more than three attempts to pass the examination within a period of six months from the date of application. B. An application for a REAL ID-compliant driver's license, an instruction permit or provisional license, or renewal of a REAL ID-compliant driver's license, instruction permit or provisional license shall contain the applicant's full legal name; date of birth; sex; and current New Mexico residence address and shall briefly describe the applicant and indicate whether the applicant has previously been licensed as a driver and, if so, when and by what state or country and whether any such license has ever been suspended or revoked or whether an application has ever been refused and, if so, the date of and reason for the suspension, revocation or refusal. C. An application for a standard driver's license or a renewal of a standard driver's license shall contain the applicant's full name; date of birth; sex; and New Mexico residence address of the applicant and briefly describe the applicant and indicate whether the applicant has previously been licensed as a driver and, if so, when and by what state or country and whether any such license has ever been suspended or revoked or whether an application has ever been refused and, if so, the date of and reason for the suspension, revocation or refusal. D. A valid license shall satisfy the department's identity, age and New Mexico residency requirements for the issuance or renewal of a standard driver's license to an applicant. E. The secretary shall establish by regulation documents that may be accepted as evidence of the residency of the applicant. A person applying for or renewing a REAL ID-compliant driver's license shall provide documentation required by the federal government of the applicant's identity; date of birth; social security number, if applicable; address of current residence; and lawful status. For an applicant for a REAL ID- compliant driver's license or a renewal of a REAL ID-compliant driver's license, the department shall verify the applicant's lawful status and social security number, if applicable, through a method approved by the federal government. F. Pursuant to the federal REAL ID Act of 2005, the secretary shall establish a written, defined exception process to allow a person to demonstrate the person's identity, age and lawful status. The process shall allow a person to use a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe or pueblo to demonstrate the person's identity or age or to demonstrate the person's lawful status, if applicable. G. A person with lawful status may apply for a REAL ID-compliant driver's license or a standard driver's license. H. An applicant shall indicate whether the applicant is applying for a REAL ID- compliant driver's license or a standard driver's license. The department shall issue a standard driver's license to an applicant who is otherwise eligible for a REAL ID- compliant driver's license but who does not provide proof of lawful status and who affirmatively acknowledges that the applicant understands that a standard driver's license may not be valid for federal purposes. An applicant who does not provide proof of lawful status shall only apply for a standard driver's license. Except as otherwise provided in the Motor Vehicle Code, the department shall treat driving authorization cards and standard driver's licenses as REAL ID-compliant driver's licenses. I. An application by a foreign national with lawful status for a REAL ID-compliant driver's license shall contain the unique identifying number and expiration date, if applicable, of the foreign national's valid passport, valid visa, employment authorization card issued under the applicant's approved deferred action status or other arrival- departure record or document issued by the federal government that conveys lawful status. The department may issue to an eligible foreign national applicant a REAL ID- compliant driver's license that is valid for a period not to exceed the duration of the applicant's lawful status; provided that if that date cannot be determined by the department and the applicant is not a legal permanent resident, the license shall expire one year after the effective date of the license. J. An application for a standard driver's license shall include proof of the applicant's identity and age. K. An applicant shall indicate whether the applicant has been convicted of driving while under the influence of intoxicating liquor or drugs in this state or in any other jurisdiction. Failure to disclose any such conviction prevents the issuance of a license for a period of one year if the failure to disclose is discovered by the department prior to issuance. If the nondisclosure is discovered by the department subsequent to issuance, the department shall revoke the license for a period of one year. Intentional and willful failure to disclose, as required in this subsection, is a misdemeanor. L. An applicant under eighteen years of age who is making an application for a first New Mexico driver's license shall submit evidence that the applicant has: (1) successfully completed a driver education course approved by the bureau that included a DWI prevention and education component. The bureau may accept verification of driver education course completion from another state if the driver education course substantially meets the requirements of the bureau for a course offered in New Mexico; (2) had a provisional license for at least the twelve-month period immediately preceding the date of the application for the driver's license; provided that thirty days shall be added to the twelve-month period for each adjudication or conviction of a traffic violation committed during the time the person was driving with a provisional license; (3) complied with restrictions on that license; (4) not been cited for a traffic violation that is pending at the time of application; and (5) not been adjudicated for an offense involving the use of alcohol or drugs during the twelve-month period immediately preceding the date of the application for the driver's license and that there are no pending adjudications alleging an offense involving the use of alcohol or drugs at the time of application. M. An applicant eighteen years of age or over, but under twenty-five years of age, who is making an application to be granted a first New Mexico driver's license shall submit evidence with the application that the applicant has successfully completed a bureau-approved DWI prevention and education program. N. An applicant twenty-five years of age or over who has been convicted of driving under the influence of intoxicating liquor or drugs and who is making an application to be granted a first New Mexico driver's license shall submit evidence with the application that the applicant has successfully completed a bureau-approved DWI prevention and education program. O. Whenever an application is received from a person previously licensed in another jurisdiction, the department may request a copy of the driver's record from the other jurisdiction. When received, the driver's record may become a part of the driver's record in this state with the same effect as though entered on the driver's record in this state in the original instance. P. Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge. Q. This section does not apply to licenses issued pursuant to the New Mexico Commercial Driver's License Act.

Legislative History

1953 Comp., § 64-5-9, enacted by Laws 1978, ch. 35, § 231; 1979, ch. 71, § 2;