The fear of losing your driving privileges and pending driving under the influence (DUI) / (DWI) charges in New Mexico can cause significant anxiety. Our driving privileges help us care for our families, stay employed, attend school, and handle emergencies. We only realize how important it is to drive when the potential absence of ability looms around the corner.
The bright side to this situation is that our court system allows you to challenge police and prosecutor evidence. You still have every fighting chance to retain your driving privileges, but you must act quickly. There are only ten days from your arrest to request a Motor Vehicle Division (MVD) License Revocation hearing from the Santa Fe office. If you miss this window, you will receive an automatic revocation.
Our DUI attorney, Marc A. Grano, gives you an overview of MVD license revocation hearings, shares six steps for requesting yours the right way if living in northern or central New Mexico, and concludes with how to support the best possible outcome. We wrote this post to help people arrested for DUI retain their driving privileges or their helpful, loved ones.
5 Steps for Requesting an MVD Hearing in New Mexico
Before jumping into the steps required for fighting to keep your driving privileges after getting arrested for DUI in New Mexico, we preface this general information with the importance of understanding that every case is unique. From the arresting officer’s training to the jury trial, your results will differ according to your case’s specific facts and circumstances, whether you choose legal representation or otherwise. Similar circumstances may yield different results since a single influential factor can change the outcome.
With that caution out of the way, we now dive into the five steps for requesting an MVD Hearing in New Mexico, outlined below:
- Step 1. Keep arrest-related documents together
- Step 2. Complete the hearing request form
- Step 3. Return the form with the filing fee
Step 1. Keep Arrest-Related Documents Together
You will want to keep all arrest-related documents together if possible. The reason for doing so is not just a matter of organization. While that aspect does help in many ways, it also ensures that you have a record of what happened for future reference while retaining your ability to correct discrepancies.
Documentation to organize after a DUI/DWI arrest includes:
- Issued tickets
- MVD license revocation notice
- Medical records
- Criminal records
- Court pleadings
- Driver’s license
- Insurance information
- Motor vehicle registration
- Other relevant documents
You may have some of the documents on hand, while others may need furnishing via a formal request. The events following an arrest go quickly, leaving only a fraction of the time to act on requesting a hearing in some situations. You only have ten days from the MVD License Revocation notification date to request an administrative hearing, so ensure you put yourself in a position to act swiftly.
Legal tip: We recommend contacting a highly trained, highly-experienced DUI defense firm, such as Grano Law Offices, P.C., to help you obtain all necessary evidence for a better result (i.e., remaining compliant with the New Mexico Rules of Evidence).
Step 2. Complete the Hearing Request Form
The MVD provides a boilerplate Request For Hearing form that is relatively self-explanatory. However, you must select the right reason behind your request. An error could derail your chances at an otherwise fair shake. Avoid the temptation to save on attorneys’ fees now since a negative outcome could cost you much more.
If retained within TEN DAYS of the arrest, our legal team will prepare this demand for you. Again, that decision is entirely yours to make. Still, we also want you to consider the below-referenced statistics when considering legal representation in case you question the efficacy and ability of a defense attorney, a common but often-ill-fated miscalculation.
Step 3. Return the Form with the Filing Fee
To prevent an immediate revocation, submit the form, along with a money order, for $25.00 within ten (10) days of your arrest to:
Driver Services Bureau
1100 South St. Francis Drive, Room 2092
P.O. Box 1028
Santa Fe, New Mexico 87504-1028
If you hire us to represent your case, we can handle this for you, including document assembly, scheduling, calendaring, court communications, and postage. Again, this strategy ensures you avoid all legal mistakes that could cause case-damaging issues. Our legal team is on your side in this fight.
General Tips for Retaining Your Right to Drive
Unsure of how to handle things while awaiting your hearing? You are not alone in terms of those awaiting their hearings and the ability to receive legal guidance and advice. Here are our three general tips for navigating an MVD hearing in the interim of scheduled events:
- Tip #1. Avoid case-damaging statements such as, “I wasn’t that drunk.”
- Tip #2. Know that a DUI conviction will impact your MVD licensing, but the hearing will not affect your DUI conviction since they are separate matters.
- Tip #3. When in doubt: talk things out with a DUI attorney. We can add context, information, and much more to your case while building a powerful defense.
Get Your Game Plan Together: Schedule a Free Case Strategy Session
The legal team at Grano Law Offices, P.C. goes the extra mile to represent and serve clients. Our founder and DUI defense lawyer, Marc A. Grano, has invested extensively into his knowledge of helping clients beat their charges through advanced training, investigatory resource accumulation, and the cultivation of passion and grit that clients and peers praise routinely.
Find out how Grano Law Offices, P.C. could present your MVD license revocation hearing, DUI charges, and other matters in the best possible light. Call (505) 426-8711 or message us online for your Free Case Strategy Session today. We also offer remote and virtual meetings if you live a bit further away from our Las Vegas office in northern or central New Mexico.
