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.
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