A New Mexico MVD License Revocation Hearing is a civil proceeding before an administrative hearing officer. When arrested for DWI or refusing to provide a breath sample, the arresting officer confiscates your license and issues a Notice of Revocation.
Upon issuance, you HAVE UP TO TEN (10) DAYS TO REQUEST AN MVD LICENSE REVOCATION HEARING following your arrest. My office frequently receives calls from residents and out-of-state visitors who erroneously believe they can get their license back after this period.
Let me save you a ton of time and headache with this article.
In This Post
In this blog article, I address the basics of what you need to know about New Mexico MVD License Revocation Hearings, as well as critical requirements. Always speak with a New Mexico MVD License Revocation attorney if you need personalized legal advice.
How Do I Reinstate My Drivers’ License in NM After a DWI Arrest?
You have a chance to fight for your driving privileges by requesting an MVD License Revocation Hearing within ten (10) days of your arrest. From there, the MVD has up to ninety (90) days to conduct an administrative license revocation hearing.
If you do not receive an administrative hearing within that time frame, the MVD will automatically rescind the revocation of your driver’s license or privileges.
Do I Have to Request an MVD License Revocation Hearing to Get My License Back?
If you were issued a Notice of Revocation, you must request an MVD License Revocation Hearing to get your license back. Alleged drunk driving and Implied Consent Act violations generally result in a Notice of Revocation. Request the hearing within the allotted timeframe to argue your case.
What Happens If I Don’t Request an MVD License Revocation Hearing?
If you do not ask for a hearing within the required timeframe, you will lose your driver’s license or privileges automatically. Whether you live in or out of state, you must request an MVD License Revocation Hearing in New Mexico to keep your driving privileges.
What Happens to an Out-of-State License If I Don’t Request the NM Revocation Hearing?
You can lose your license issued out-of-state if you do not request a New Mexico MVD License Revocation Hearing. This situation can affect your ability to renew it as well. Ensure that you speak with a local attorney to help you navigate the complexities of fighting for your driver’s license while living out of state.
How Do You Request a New Mexico MVD License Revocation Hearing?
Download a Request for Hearing Form and fill it out completely. Your answers to some form fields may affect the outcome of your hearing. Ensure that you work with a New Mexico DWI lawyer to provide a defensive strategy that fights to keep your license while preventing legal mistakes from happening.
Once you complete the form, you (or your DWI defense attorney) will send it, along with a cover letter, supplementary materials, and $25.00 (twenty-five dollars) to:
New Mexico Motor Vehicle Division
Driver Services Bureau
1100 South St. Francis Drive, Room 2092
P.O. Box 1028
Santa Fe, New Mexico 87504-1028
Also, you can hand deliver this form if you want to avoid mail delays. The fee payment must be made with a money order or check, never cash. Sending cash can result in additional delays.
I recommend that you mail the request via certified mail, return the receipt requested as proof if timeliness comes into question later. As such, you will have a substantial record to back up your actions.
Can I Lose My License During the Actual License Revocation Hearing?
Yes, you can still lose your driver’s license at the MVD License Revocation Hearing. While there is an opportunity to test evidence and cross-examine police officers, the hearing officer may find that the case against you is proven. From there, they can also issue an order revoking your driver’s license/driver privileges.
Related Article: What Should You Wear to a Criminal Court?
Can I Appeal the Decision If I Lose My License at the Hearing?
You can appeal the decision to the state district court, or you can opt to install an ignition interlock device (IID) on your primary motor vehicle. Typically, an IID is a mandatory requirement to continue driving.
Hire a criminal defense lawyer to ensure that you are giving yourself every legal opportunity to drive freely or without an IID. At Grano Law Offices, P.C., I examine the evidence and facts of your case to strategize how we will approach this aspect of your case as well as your DWI charges.
What Should I Know About MVD License Revocation Hearings?
There are several legal issues surrounding MVD license revocation hearings in New Mexico. While every case is different, consider the following elements:
Legal Defense Strategy: Request the Officer’s Presence
The most common cause of defeating license revocation actions is dismissal due to the failure of the officer to appear. You can request that the arresting officer appear at your hearing. A failure on the officer’s part to appear at the hearing will result in dismissing the revocation proceedings against you.
However, law enforcement officers do not necessarily appear for every hearing. The State of New Mexico is unlikely to prevail if the officer appears at the hearing. Your MVD license revocation hearing lawyer can assist you through the process from start to finish.
Your MVD License Revocation Matter Is Separate from the DWI in Criminal Court
Another vital aspect is that your MVD matter is separate from the DWI charges you face in criminal court. The outcome of your MVD hearing does not influence the outcome of your criminal case. However, the information learned and obtained from the administrative hearing can be used to assess your criminal case.
Avoid the “Wait-and-See” Approach
Several laws apply to DWI/DUI charges in New Mexico. Working with legal representation early on ensures that your rights are protected and that someone is looking out for you. Whether you live locally or out of state, avoid the “wait-and-see” approach since that is where legal mistakes often occur.
DWI Penalties Are Severe in New Mexico
The negative impact of a conviction affects your future and, potentially, the rest of your life. Remember: YOU ARE INNOCENT UNTIL PROVEN GUILTY. At my firm, we understand that bad things happen to good people, and we want to help you move forward.
For more information, please see my regularly updated blog post, “What Are the DWI Penalties in New Mexico?”
You Are Welcome to Reach Out for Legal Help
After your arrest, it can seem like your entire life is on hold. Grano Law Offices, P.C. is here to help. Get a FREE CASE STRATEGY SESSION by calling me at (505) 426-8711.
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