Law enforcement officer agent for department; written

notice of revocation and right to hearing. A. On behalf of the department, a law enforcement officer requesting a chemical test or directing the administration of a chemical test pursuant to Sections 66-8-107 and 66-8-111 NMSA 1978 shall serve immediate written notice of revocation and of right to a hearing before the administrative hearings office pursuant to the Implied Consent Act on a person who: (1) refuses to permit chemical testing; or (2) submits to a chemical test the results of which indicate an alcohol concentration in the person's blood or breath of: (a) eight one hundredths or more if the person is twenty-one years of age or older; (b) four one hundredths or more if the person is driving a commercial motor vehicle; or (c) two one hundredths or more if the person is less than twenty-one years of age. B. The written notice of revocation and of a right to a hearing served on the driver shall be a temporary license valid for twenty days or, if the driver requests a hearing pursuant to Section 66-8-112 NMSA 1978, valid until the date the administrative hearings office issues the order following that hearing; provided that a written notice of revocation and right to a hearing shall not be a temporary license for a driver without any otherwise valid driving privileges in this state. C. The law enforcement officer shall send to the department the signed statement required pursuant to Section 66-8-111 NMSA 1978. History: 1978 Comp., § 66-8-111.1, enacted by Laws 1984, ch. 72, § 7; 1985, ch. 178, § 5; 1985, ch. 187, § 3; 1991, ch. 245, § 4; 1993, ch. 66, § 13; 2003, ch. 51, § 14; 2003, ch. 90, § 7; 2015, ch. 73, § 34; 2019, ch. 167, § 13; 2025, ch. 4, § 21.