DWI/DUI Case Information
WHILE INTOXICATED AND/OR DRIVING
UNDER THE INFLUENCE
New Mexico DWI laws provide for
serious and mandatory criminal penalties. The most important things you should
know and do immediately are the following:
• You have only ten (10) days from the
date of your arrest to request a hearing with the Motor Vehicle Division. There
is a $25.00 administrative hearing fee and that fee must be included with your request. Click here to obtain a copy of the MVD Hearing Request Form.
• It is important to note that if you
miss the deadline to submit your request for the MVD License Revocation
Hearing, your driving privileges will automatically be revoked for 180 days or
• It is also important to note at the
time you submit the MVD Request for Hearing form, that you mark the box
stating: "I want the officer to be a witness at my
hearing.” It is very important
that the arresting officer appear at the MVD License Revocation Hearing. Otherwise, if you fail to mark this
box on the MVD Request for Hearing form, the officer will simply appear by
affidavit and automatically you give up your
right to have the arresting officer appear in person.
• It is helpful that you mail your
request to the New Mexico Motor Vehicle Division by “Certified Mail/Return Receipt
Requested.” It is not crucial that you select this mailing option. However, it
is very helpful should there be any question about the date that you mailed
your request for hearing to the Motor Vehicle Division.
• You will receive two notices of
hearing and you will receive those notices in no particular order. First, there is the "Criminal Hearing" which is held before a Judge in a New Mexico Court. This court (depending on the location/jurisdiction where you were arrested for DWI/DUI) may be one of the following: Bernalillo County Metropolitan Court, Sandoval County Magistrate Court, Rio Ranch Municipal Court of the Corrales Municipal Court. The second hearing is the "MVD License Revocation Hearing" and this hearing held before a Hearing Officer with the New Mexico Motor Vehicle Division.
• Please note that these hearings are
two separate hearings and one does not affect the other. It is also important
to note that although you may be successful at continuing your hearing with the
courts listed above, it is highly unlikely that the Motor Vehicle Division
will grant a continuance of your MVD License Revocation Hearing - so be
prepared to attend that hearing.
MVD LICENSE REVOCATION
• Your license to drive will automatically be suspended for at least
six (6) months if you do not appeal your license revocation
within ten (10) days of the service of the revocation notice. Thereafter, the New Mexico Motor Vehicle Division only has ninety (90) days to schedule your (which is typically the day you were arrested) license revocation
hearing. If the hearing is not held within ninety (90) days, your driving privileges will automatically be restored.
• The Hearing Officer at the MVD License Revocation
Hearing will determine whether to revoke your driving privileges. This determination may result in having your license revoked for a period anywhere from six (6) months to one
(1) year. A six (6) month revocation usually results if the individual is over
the age of twenty-one (21) years and the breath and/or blood alcohol results
was .08 or higher. A one (1) year revocation usually results if the individual
refused to take the breath and/or blood test, or if his or her license was
previously revoked or if the individual is under the age of twenty-one (21)
years and the breath and/or blood alcohol results was .02 or higher.
• The results of the MVD License Revocation Hearing has
absolutely no bearing on your DWI Criminal case. The MVD License Revocation Hearing is considered a “civil” action and is heard by
a Hearing Officer with the New Mexico Motor Vehicle Division. The DWI
Criminal case is considered a “criminal” action and will be heard before a New Mexico
• Please note that there could be major consequences as a
result of your DWI/DUI arrest and may result in jail time, fines, loss of your driving
privileges and possible vehicle immobilization and/or forfeiture of your
vehicle that you were driving at the time of your arrest.
IGNITION INTERLOCK LICENSE
• If your license is revoked due to an administration
revocation based on your breath test, you are eligible to have an ignition
interlock installed to your vehicle. Also, the interlock license may be court
ordered as a condition of release from jail, as part of the criminal sentence,
or may be obtained so the individual can continue driving while revoked. This
license option is available to all, individuals whose license is revoked. There are many service providers available across New Mexico who are approved and are able to
install and maintain a breath alcohol ignition interlock device on a vehicle
are available across New Mexico.
• For your convenience and information and located in the box to your left are several pertinent documents to assist you instructions for obtaining an Ignition Interlock License and Device installed in your vehicle. In order to request an Ignition Interlock License, you will need to complete the Affidavit for Ignition Interlock License. To further assist you, attached is a current List of approved Ignition Interlock Service Providers who have been approved with the New Mexico Department of Transportation
• Please note that prior to going to the Motor Vehicle
Division, you will need to obtain an Ignition Interlock device and have it
installed in your vehicle and/or vehicles that you intend to operate. Once the
device is installed in your vehicle, the company you choose to install the
device will provide you with some sort of lease agreement/contract and/or
certification document indicating that the device was properly installed in your
vehicle. Additionally, you may also be required to show proof of insurance. Therefore, please make sure you have proper documentation for automobile insurance.
• After the Ignition Interlock device is installed in your
vehicle, you will need to complete the Affidavit for Ignition
Interlock License (please make sure that you sign this Affidavit before a
Notary Public) and take the Affidavit to the Motor Vehicle Division. I am not certain if the Motor Vehicle
Division has a Notary Public to notarize your signature. Therefore, it is in
your best interest to have the Affidavit signed and notarized prior to taking
it to the Motor Vehicle Division to obtain your Ignition Interlock License. Please note that you will be required to provide the Motor Vehicle Division the Affidavit that contains your original notarized signature. They will NOT accept copies of the signed Affidavit. Additionally, please be prepared to pay a processing fee for the Ignition