MVD LICENSE REVOCATION HEARING

Will I lose my Driver’s License if I am Charged with a DWI/DUI?

If you refuse to take a breath test, or if your B.A.C. is above the legal limit, the arresting officer will confiscate your license upon arrest.  The officer should also provide you with a Notice of Revocation. The Notice will be sent to the Motor Vehicle Division, which will automatically revoke your driver’s license 20 days after your arrest, whether or not you go to court, through the administrative “Implied Consent Act.”   To prevent your license from being revoked, you MUST submit a REQUEST FOR ADMINISTRATIVE HEARING along with a money order for $25.00 within 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

The Request for Hearing form may be accessed at:  http://www.mvd.newmexico.gov 

How Long Will My License Be Revoked for?

If you do lose your license, the period of revocation will depend on your age and whether you have previously had your license revoked: 

Over 21 years of age (at or above 0.08%)

  • 1st Offense – 6 months for failing a chemical test
  • 1st Offense – One year for refusing a chemical test
  • 2nd or Subsequent Offense – One year for failing or refusing a chemical test

Under 21 years of age (at or above 0.02%)

  • 1st and subsequent – One year for failing or refusing a chemical test

You can also lose your license if you are convicted of DWI.  As with Implied Consent, the period of restriction depends on your DWI/DUI history.

  • 1st Offense – One Year
  • 2nd Offense – Two Years
  • 3rd Offense – Three Years
  • 4th or Subsequent Offense – Lifetime

MDV License Revocation Attorney with Specialized Experience

The effective defense of a DWI/DUI arrest is specialized, complex and detailed.  I am certified by the National Traffic Safety Administration (NHTSA) to conduct the Standardized Field Sobriety Tests and to conduct DWI/DUI investigations.  I will use that specialized knowledge and experience to provide you with the best defense possible. My team and I will obtain every piece of evidence, conduct a thorough defense investigation, prepare a defense of your case with you and fight for your driver’s license and challenge the prosecutor every step of the way.  If you or a loved one finds yourself facing a DWI/DUI charge call us, we can help!