DWI/DUI CONSEQUENCES in New Mexico
The consequences of a DWI/DUI can be severe. The consequences escalate with each additional DWI/DUI conviction. In addition, an Aggravated DWI/DUI will increase the consequences. There are both penal consequences as well as consequences related to your driver‘s license.
Every DWI/DUI, even a first, results in the automatic revocation of your license by MVD. Again, the length of revocation will depend on whether you are a repeat offender, whether the DWI/DUI was aggravated, and also whether you refused the breath alcohol test. Click here to view all the consequences of a DWI/DUI.
It is important to use the most updated MVD forms. You can obtain these through the the New Mexico MVD Website forms finder.
This Request for Hearing must be submitted or postmarked within ten (10) days from the date of receipt of notice of revocation. You must include an Administrative Hearing Fee of ($25.00 as of September 2014) or a sworn Statement of Indigency. Failure include the fee or the Statement will result in waiver of your right to the hearing and automatic revocation of your license
One thing to note is that you have the option of requiring the officer to be present. It is important that you check this box as the officer’s failure to appear is the most common basis for winning the hearing. In fact, a win at these hearings is fare otherwise.
This affidavit must be presented with your application for an Igntion Interlock License.
Vehicle Seizure Hearing Forms – City of Albuquerque
As with New Mexico MVD forms, the City of Albuquerque forms are subject to change from time to time. It is important to use the most current forms to insure your rights are protected. The forms themselves will typically have instructions on use.
For repeat DWI offenders and for driving on a DWI revoked license, the State may seize your vehicle. In these cases, your car is seized at the time of your arrest. You will be given a notice of vehicle seizure at this time. Once your car is seized, you have 5 business days from the date of the Notice of Seizure to request a seizure hearing. It is very important that you request the hearing to avoid permanent seizure of your vehicle.
Along with the Request for Hearing, You must submit a check for $50.00 with your request. Failure to request a hearing or failure to include a $50.00 hearing fee will result in the permanent seizure of your vehicle. Please read the form carefully and be advised that this form is for use in the City of Albuquerque only.
If your car has been seized by another city or county, you will need to submit the appropriate form and check the time limits for the request to insure that your request is timely. Please also be advised that only the registered owner may request the hearing. This requirement often poses problems so you need to act fast if this requirement affects your situation.
Instructions on Use of Forms
The forms associated with DWI MVD Hearings and Vehicle Seizure hearings can be found online. The forms themselves will typically have instructions on use. It is important to follow the instructions. Likewise, it is important to have the most current form in case the instructions on use have changed.
Fees Must be Paid
With each of the hearing request, there are fees required. Failure to submit the fees as required will result in a denial of the request for hearing. This is another good reason for using the most current form as fees may be subject to change over time.
Submitted on Time
The request must be submitted on time or the hearing request will be denied. Do not delay. Send the form immediately upon be charged with DWI. The deadlines on both the MVD Hearing Request and the Vehicle Seizure Hearing Request are both only 10 days from arrest.