New Mexico DWI License Suspension Process

 

When you are pulled over and arrested for drunk driving in New Mexico, your driver’s license is confiscated immediately. In addition to the criminal drunk driving charge that you may face, you must also handle an Administrative License Revocation hearing that will decide the fate of your ability to drive legally in the state of New Mexico.

New Mexico Motor Vehicle Department (MVD) hearing

 

Once you are charged with DWI, your driver’s license will be suspended for 90 days. To receive an administrative license hearing at the New Mexico Motor Vehicle Department concerning the civil case to suspend your license, you must submit a written request within ten days of your drunk driving arrest. If you fail to meet the ten day time requirement, your license will automatically be revoked 20 days after the date of your drunk driving arrest.

How do I request a New Mexico MVD hearing?

 

You need to put in writing your request for a License Revocation hearing and include either a copy of the Notice of Revocation (given to you by police), or if you do not have this Notice, you can write down all information the MVD would need to identify you and your drunk driving case: your name, date of birth, driver’s license number, Social Security number, return address, phone number, citation number, date of drunk driving arrest, and the agency that arrested you. Include the $25 processing fee and mail to:

Driver’s Service Bureau
Motor Vehicles Division
P.O. Box 1028
Santa Fe, NM 87504-1028

It is also a good idea to request that your arresting officer(s) appear in person to testify at the MVD hearing. This could help your DWI attorney gain valuable information that could help you with your criminal drunk driving case.

What issues are considered at the New Mexico Vehicle Department hearing?

 

The person in charge of the hearing and who will decide your case is usually an attorney hired by the MVD. He will consider the following matters:

* Did the police officer have grounds to believe you were operating a vehicle under the influence of drugs and/or alcohol?
* Were you arrested?
* If you refused the chemical test, did the officer warn you of the consequences?
* Was the chemical test administered properly?
* What was your BAC?

What happens if I lose the New Mexico MVD hearing?

 

If you lose the civil case against you at your MVD hearing, the length of the administrative revocation of your license depends on various factors:

* What is your driving history?
* What is your age and blood alcohol content at time of your drunk driving arrest?
* What type of vehicle were you driving? Was it a commercial vehicle?
* Did you submit to the blood alcohol content test?

If you refused the blood alcohol test, the revocation period will automatically be one year. One important thing to remember is: the state of New Mexico only has 90 days after the notice of revocation to conduct the MVD hearing.

The MVD hearing is a complicated process and an experienced New Mexico DWI attorney can look at the facts surrounding your drunk driving case and help you not only with your criminal drunk driving case but also with your License Revocation hearing.

Related articles

• Drunk driving and hardship license in Connecticut (duiattorneyhome.com)
• Drunk Driving and Look back laws in Texas (duiattorneyhome.com)
• Drunk driving and a license suspension in Missouri (duiattorneyhome.com)

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

---

Penalties for a DWI arrest in New Mexico can vary for drivers depending on whether it is their first DWI arrest, the amount alcohol in their blood (BAC), the county where they are arrested and if their DWI caused another person bodily injury or death. New Mexico has some of the toughest DWI laws in the country, and even if this is the driver’s first DWI offense, it is a good idea to call a New Mexico DWI lawyer. A DWI attorney can review the DWI case and answer all of the DWI questions.

DWI in the state of New Mexico includes:

1. Operating a motorized vehicle under the influence of alcohol or drugs at a level which makes the driver incapable of safely operating the car.
2. The driver’s blood alcohol concentration (BAC) is 0.08% or higher. If the driver is a commercial truck driver it is illegal to operate a truck with a BAC of 0.04% or higher.
3. The driver is under the age of 21, and their BAC is 0.02% or higher

Aggravated DWI can occur if a New Mexico driver has a BAC of 0.16% or higher, the driver causes personal injury to another person while they are intoxicated or they refuse to take a chemical test.

Penalties for DWI in New Mexico

First offense

(Misdemeanor)

• Could be required to spend up to 90 days in jail
• Mandatory attendance of an alcohol education class and an alcohol evaluation class
• License revocation for 6 months to 1 year. If the driver is under the age of 21 their license will be suspended for 1 year.
• Mandatory Ignition Interlock Device for one year
• Community Service

Second Offense

(Misdemeanor)

• Required 2 year license revocation
• 96 hours mandatory jail sentence and up to 364 days in jail
• Required to pay a fine of $500 and up to a maximum of $1,000
• Alcohol evaluation and class
• Required community service
• Required installation of Ignition Interlock Device

Third Offense

(Misdemeanor)

• Mandatory 3 year license revocation
• Up to 5 years probation
• Minimum $750 fines and penalties with a maximum of $1,000
• Required community service
• Mandatory attendance in an alcohol treatment program
• Mandatory installation of an Ignition Interlock Device for 3 years

Fourth Offense

(Felony in the 4^th Degree)

• Permanent license revocation with a 5 year court review
• Mandatory alcohol treatment and evaluation class
• Lifetime Ignition Interlock Device with a 5 year court review
• Maximum $5,000 fine
• Maximum 18 months in prison with 6 months mandatory jail time

Refusing to take a breath or blood test

New Mexico drivers who refuse to submit to a blood test will automatically lose their driver’s license for 20 days after their DWI arrest. This revocation can be challenged by filing a written request for a DWI hearing with in ten days from the date of the DWI arrest. The arresting officer will generally give the driver notice of revocation at the time they are arrested. If not, the Department of Motor Vehicles will send the notice via registered mail.

Failure to make a written request for a DWI administrative hearing will lead to the revocation of the driver’s New Mexico driver’s license. A request for a hearing must be received by the motor vehicle department with in 10 days from the date of the DWI arrest. A DWI attorney can help complete this form and review all of the DWI arrest information.

Common Questions about DWI arrests in New Mexico

• Do I need to hire a New Mexico criminal defense lawyer?

New Mexico drivers do not have to hire a New Mexico DWI lawyer, but New Mexico’s DWI laws are some of the toughest in the country. Failure to file the proper DWI forms can lead to a license suspension. DWI offenses are not like other traffic violations. Serious consequences for a DWI arrest can include: jail time, fines and penalties, alcohol treatment classes and license suspensions.

• What happens if my first DWI was an aggravated DWI?

Drivers who are arrested with a blood alcohol level of 0.16% or higher, who have caused injury to another driver or who have refused to submit to a BAC test can be charged with an aggravated DWI. The type of penalties assessed against the driver will depend on many different factors, but at the minimum, the driver will be required to spend at least 48 hours in jail. A criminal defense lawyer can review your case and tell you the specific penalties you may face.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

---