N.M. Stat. § 30-16D-4.1
Penalties.
A. Whoever violates any of the provisions described in Sections 30-16D-1 through
30-16D-4 NMSA 1978 is guilty of a:
(1)
fourth degree felony for a first offense;
(2)
third degree felony for a second offense, regardless of which provision
was the first offense; and
(3)
second degree felony for a third or subsequent offense, regardless of
which provision was the first or second offense.
B. A defendant who violates multiple provisions described in Sections 30-16D-1
through 30-16D-4 NMSA 1978 with a single vehicle shall be determined to have
committed a single offense for purposes of this section.