Driving Without a Valid License or on a Suspended License in New Mexico

New Mexico prohibits driving without a valid driver's license—whether it was suspended, revoked, or never issued. This article defines this violation, the possible penalties, and the exemptions to the license requirement.

Driving Without a License Laws

Generally, every person who operates a motor vehicle on a New Mexico highway must carry a valid license while driving. (N.M. Stat. § 66-5-2 (2025).)

Penalties for Unlicensed Driving

Unlicensed driving is a misdemeanor, carrying a fine of up to $300, a maximum of 90 days in jail, or both. (N.M. Stat. § 66-8-7 (2025).)

Penalties for Driving Without a License in Your Possession

A driver who was issued a license but wasn't carrying it while driving can be charged with a "penalty assessment misdemeanor," punishable by a maximum $25 fine. The driver can't be convicted if they produce a license that was valid at the time of driving in court. (N.M. Stat. §§ 66-5-16, 66-8-116 (2025).)

Exceptions to the Driver's License Requirement

Non-resident drivers with valid driver's licenses from their home state or country can drive in New Mexico without an in-state license, subject to New Mexico age restrictions. Military personnel driving military vehicles and farmers driving farm tractors are also exempt. Non-highway motorcycles don't require a driver's license to operate off-highway. (N.M. Stat. § 66-5-4 (2025).)

Driving With a Suspended or Revoked License

Operating a vehicle while on a suspended or revoked license is a misdemeanor that carries fines, jail, and extended license sanctions. (N.M. Stat. §§ 66-5-39, 66-5-39.1 (2025).)

Penalties for Driving on a Suspended License

Generally, driving with a suspended license is a misdemeanor, punishable by a fine of up to $300, a maximum of 90 days in jail (or equivalent certified alternative sentencing program), or both. The driver's vehicle can be immobilized for 30 days. (N.M. Stat. §§ 66-5-39, 66-8-7 (2025).)

Penalties for Driving on a Revoked License

Driving with a revoked license will generally result in a fine of up to $1,000 and four to 364 days in jail (or equivalent certified alternative sentencing program). The driver's vehicle can be immobilized for 30 days, and the driver's license revocation will be extended for one year. (N.M. Stat. Ann. § 66-5-39.1 (2025).)

Penalties for Driving While Revoked for a DUI

A violator whose license was suspended due to a DUI (driving under the influence) or refusal will be sentenced to seven to 364 days in jail and fined $300 to $1,000. The driver's license will be revoked for an additional year, and the driver's vehicle will be immobilized for 30 days. No part of the sentence can be suspended or reduced. (N.M. Stat. Ann. § 66-5-39.1 (2025).)

Getting Help From a Defense Attorney

Because the consequences of unlicensed driving can be severe, you should talk to an attorney if facing this type of charge. A qualified defense lawyer can explain how the law applies in your case and help you navigate the legal system.