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.