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Driving Without a License, or on a Suspended One

Section 66-5-39.1 — at least four days in jail for driving while revoked

No one drives a motor vehicle, neighborhood electric car or moped on a highway without a valid license. A person charged with that is not convicted if they produce in court a license issued to them that was valid at the time of the arrest.

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Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

Driving when the privilege isWhat the section sets
Driving when the privilege isSuspended, knowing or when the driver should have knownWhat the section setsA misdemeanor: up to $300 or up to ninety days, or both, or up to ninety days in a certified alternative sentencing program
Driving when the privilege isRevoked, knowing or when the driver should have knownWhat the section setsAt least four days and up to 364 days, and a fine of up to $1,000 may be added
Driving when the privilege isRevoked for DWI or under the Implied Consent ActWhat the section setsAt least seven consecutive days and a fine of $300 to $1,000, neither suspended nor deferred

On a conviction for driving while revoked, the vehicle is immobilized for thirty days, unless that poses an imminent danger to the health, safety or employment of the family, and no new license is issued for an additional year beyond when the person could otherwise apply. For driving while suspended, the vehicle may be immobilized for thirty days.

Sources for this section (4)
  1. NMSA 1978, § 66-5-2 — Drivers must be licensed
  2. NMSA 1978, § 66-5-39 — Driving while license suspended; penalties
  3. NMSA 1978, § 66-5-39.1 — Driving while license revoked; penalties
  4. NMSA 1978, § 66-8-7 — Penalty for misdemeanor

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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