HOME ATTORNEY PROFILE AREAS OF PRACTICE DWI/DUI CASE INFORMATION CONTACT US
HOME
ATTORNEY PROFILE
AREAS OF PRACTICE
DWI/DUI CASE INFORMATION
CONTACT US
 
Call Now For Your  FREE Consultation
505-242-5979

Ignition Interlock License Information and Motor Vehicle Division Forms

(License Revocation Hearing)


(Installing an Ignition Interlock Device)

(Regarding Ignition Interlock License & Device)

 

DWI/DUI Case Information

DRIVING 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 longer.

• 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 HEARING

• 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 Court Judge.

• 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 Interlock License.




Site Map