When you are arrested for DWI/DUI, there are a number of important deadlines that affect your rights.  First, whenever you get a DWI/DUI, you face revocation of your driver’s license by the Motor Vehicle Division (MVD) if your blood alcohol level was over .08.If you did not refuse the breath alcohol test, then you have a right to an MVD hearing.  If you refused the breath alcohol test, then your license is automatically suspended for one year no matter what the outcome of your DWI/DUI case.  To exercise your right to an MVD License Revocation Hearing, you must submit the MVD Hearing Request Form with a $25.00 fee within 10 days of your arrest for DWI/DUI.  Failure to mail the Request for MVD Hearing within 10 days, or failure to include the $25.00 fee will waive your right to the license revocation hearing and will result in the automatic revocation of your license.

The next deadline that you will face is the deadline for filing a waiver of arraignment.  Most judges, though there are exceptions, will allow you to waive your arraignment.  This means that you do not have to appear at the arraignment.Instead, an attorney will file a Waiver of Appearance  for you waiving your appearance at the Arraignment.Click here to view a sample Waiver of Appearance from Albuquerque Metropolitan Court.  Many judges will allow you to waiver your appearance at all pre-trial hearings through this same Waiver of Appearance.  Many judges require that the Waiver of Appearance be filed at least 5 days prior to the date of arraignment so it is important that you get the waiver filed on time.  Your Waiver of Appearance at the Arraignment and all pre-trial hearings saves you the time and stress of attendance at these hearings where your attendance is not necessary.

The next important deadline that you will encounter early in your case is the deadline on the peremptory recusal of the trial judge.Peremptory recusal allows you to get rid of the first assigned judge for any reason whatsoever.You have only one peremptory recusal in a case.   This right must be exercised within 10 days of your arraignment. Failure to file the recusal within this period will result in a waiver of your right to recusal and you will have the first assigned judge until the conclusion of your case. Your judge can dramatically impact the outcome of your case. The Consequences of a DWI/DUI conviction can be severe so the judge assignment is a very important consideration.

These early deadlines are important so you should immediately contact an attorney to insure that your rights are fully protected.    Failure to meet these deadlines can have serious consequences for your case.Give us a call or fill out the contact form on this page if you would like to discuss your case.