Where the complaint or information alleges a violation of Section 66-8-102 NMSA 1978, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of Section 66-8-102 NMSA 1978, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978] disclose that the blood or breath of the person charged contains an alcohol concentration of:
A. eight one hundredths or more; or
B. four one hundredths or more if the person charged is driving a commercial motor vehicle.
History: Laws 1982, ch. 102, § 2; 1984, ch. 72, § 4; 1993, ch. 66, § 8; 2003, ch. 51, § 11; 2003, ch. 90, § 4.
The 2003 amendment, effective March 28, 2003, added the Subsection A designation and added Subsection B.
Duplicate amendments. — Laws 2003, ch. 51, § 11 and Laws 2003, ch. 90, § 4 enacted identical amendments to 66-8-102.1 NMSA 1978. The section is set out as amended by Laws 2003, ch. 90, § 4. See 12-1-8 NMSA 1978.
The 1993 amendment, effective January 1, 1994, substituted "shall include" for "must include" near the beginning, inserted "or breath" following "blood", substituted the language beginning "an alcohol concentration" for "at least ten one hundredths of one percent by weight of alcohol" at the end, and made a minor stylistic change.
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