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Commercial Driver’s License (CDL) Suspension in New Mexico
The New Mexico Motor Vehicle Division’s guidelines for commercial drivers are very much in keeping with federal CDL guidelines.
Under state and federal law, your CDL can be disqualified for a number of reasons. CDL disqualifications can be devastating to anyone who relies on a commercial license for work purposes.
Read more to learn all about NM CDL suspensions, hearings, and reinstatements.
New Mexico CDL holders face suspension for violations in the following categories:
- Major offenses.
- Serious traffic violations.
- Railroad-highway grade crossing offenses.
- Violations of out-of-service orders.
NOTE: If you are convicted of traffic violation, you need to notify your employer within 30 days.
If your license is suspended, revoked, cancelled, or your driving privileges are disqualified, you must notify them within 2 business days.
State and federal law lists the following as major offenses:
- Alcohol- and drug-related offenses, such as:
- Driving with an illegal blood alcohol limit (0.04% in a CMV).
- Refusing to take a test for blood alcohol when asked (violating implied consent laws).
- Leaving the scene of an accident.
- Using the commercial vehicle to commit a felony, including the manufacturing and distributing of a controlled substance.
- Results in lifetime disqualification.
- Negligent CMV operation that results in a fatality.
- Operating a commercial vehicle while you have a disqualified, suspended, or revoked commercial driver’s license.
- Doing so will result in fines and jail time, even for employers who allow their employees to drive without valid CDLs.
Most major offenses will result in the following disqualification terms:
- 1st violation: 1 year.
- 3 years if transporting hazardous materials at the time.
- 2nd violation: Lifetime disqualification.
Major violations occurring in a non-commercial vehicle will result in the same disqualifications as those occurring in a CMV.
Serious Traffic Violations
New Mexico CMV law lists the following as serious traffic violations:
- Excessive speeding or reckless driving.
- Improper lane changes.
- Following vehicles too closely.
- Causing a fatal accident through the violation of any motor vehicle traffic control law (other than a parking violation).
- Operating a CMV when you don’t have:
- A CDL.
- A CDL on your person.
- A with the proper CDL endorsements.
Your CDL will be disqualified after your:
- 2nd violation within 3 years: 60 days.
- 3rd violation within 3 years: 120 days.
Railroad Crossing Violations
Railroad highway grade crossing violations include, but are not limited to:
- Failing to slow down and check that the tracks are clear.
- Failing to stop when required.
- Driving across the tracks when there is not sufficient space for the CMV.
- Crossing the tracks when you don’t have sufficient undercarriage clearance.
You face the following CDL disqualification penalties for railroad crossing violations:
- 1st violation: At least 60 days.
- 2nd violation within 3 years: At least 120 days.
- 3rd violation and any subsequent violations within 3 years: At least 1 year.
If you violate an out-of-service order, you can lose your CDL privileges for the following time periods:
- 1st offense: 90 days.
- 2nd offense in 10 years: 1 year.
- 3rd offense in 10 years: 3 years.
Check Your Driving Record
Because your CDL is vital to your career, you might consider checking exactly what is in your driving history by ordering your New Mexico driving record.
Your driving record lists a history of your suspensions, traffic violations, and more.
New Mexico allows drivers to appeal certain driver’s license suspensions, including disqualifications for violation of New Mexico’s implied consent laws.
To request a hearing, you must complete a Request for Hearing (Form MVD10792) and hand-deliver or mail it to:
New Mexico Motor Vehicle Division
Driver Services Bureau
1100 South St. Francis Drive, Room 2092
P.O. Box 1028
Santa Fe, New Mexico 87504-1028
If you are appealing an implied consent disqualification, you must include a check or money order for a $25 fee. (You may not send cash.)
In order to reinstate your CDL, you may have to fulfill requirements given to you by the MVD and/or court. Reinstatement requirements may include:
- Waiting for your CDL suspension period to expire.
- Paying a reinstatement fee.
- Paying any applicable fines related to your offense.
- Taking any alcohol or drug treatment programs required by the court.
- Applying for a new NM CDL.
To learn more about your reinstatement requirements, contact the MVD at (888) 683-4636.
In order to reinstate your CDL, you will need to pay a reinstatement fee. These fees are separate from any penalties associated with your offense.
For more information about your fee, contact the MVD at (888) 683-4636.