Opinion No. 67-51
March 30, 1967
TO: Mr. Robert R. Salazar Commissioner Department of Motor Vehicles State Capitol Building Santa Fe, New Mexico
QUESTION
QUESTION
Do Sections 64-22-2 (D), 64-13-57 and 64-13-59, N.M.S.A., 1953 Compilation make it mandatory that the Department of Motor Vehicles revoke the driver's license of a person who has been convicted of driving while intoxicated in another state?
CONCLUSION
No, it is discretionary with the Department of Motor Vehicles.
OPINION
{*71} ANALYSIS
As amended in 1965, Section 64-22-2(D), N.M.S.A., 1953 Compilation (P.S.) provides as follows:
"The commissioner shall revoke the license or permit to drive, and any nonresident operating privilege of any person convicted under this section, except as otherwise provided herein." (Emphasis {*72} added).
When this legislative enactment speaks in terms of "convicted under this section," it must necessarily mean a New Mexico conviction.
Section 64-13-59, N.M.S.A., 1953 Compilation provides that the division [Department] "shall forthwith revoke the license of any operator or chauffeur upon receiving a record of such operator's or chauffeur's conviction of any of the following offenses, whether such offense he had under any state law or local ordinance, when such conviction has became final . . . (2) Driving a motor vehicle while under the influence of intoxicating liquor . . ."
Again this particular statute certainly appears to refer to a New Mexico conviction.
The crucial provision, in our opinion, is Section 64-13-57, N.M.S.A., 1953 Compilation which deals specifically with the question you ask. This section provides as follows:
"The division [Department] is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this state, would be grounds for the suspension or revocation of the license of an operator or chauffeur." (Emphasis added).
Under Section 64-13-59, supra, a conviction in this State of driving while intoxicated does require a mandatory revocation of the person's driver's license. Thus the above-quoted statute becomes applicable. However, in view of the phrase "is authorized", it is our opinion that suspension or revocation of a driver's license for a conviction in another state is discretionary with your Department.
By: Oliver E. Payne
Deputy Attorney General