Early DWI Case Deadlines and Consequences for Missing Them

 To get started, you should understand that there are many important deadlines that will come up during your DWI case. Many of these will come up during the DWI criminal process. Your attorney will handle these deadlines.

The deadlines that you really need to be aware of are the deadlines that may come and go before you even think about hiring an attorney. Two of these relate to your driver’s license and your vehicle.

You should keep in mind that the driver’s license revocation proceedings and vehicle seizure proceedings are separate from the criminal case. This will be explained in a later section.

To get straight to the point, here are the early deadlines in your DWI case that can really nick you if you are no paying attention:

Request for MVD License Revocation Hearing

Deadline = 10 days from date of arrest

Result of Missing Deadline – Automatic License Revocation

This is one deadline that many people miss. The deadline is provided with a lot of other paperwork that you receive upon release from jail. The Request for Hearing is not included. You can obtain the Hearing Request online at by searching for MVD License Revocation Hearing Request.

Once you obtain a Request for Hearing, you will note that you must mail the Request within 10 days of arrest along with a $25.00 check or money order. We recommend mailing the Request by Certified U.S. Mail, with a return receipt. This provides you proof that you mailed it by the deadline and that the MVD did receive it. Failing to mail the request in time and/or failure to enclose the $25.00 will result in automatic revocation.

There are very few exceptions. Do not wait on sending your request.   You do not need an attorney nor is there any reason to wait. It has to be done within 10 days of arrest

The Request for Hearing can be found online readily by searching “New Mexico MVD Hearing Request.”

Important Points for MVD Hearing Request

There are a couple of points to keep in mind on the Hearing Request form:

Make sure you are using the most current form. They do not change often but when they do, it is important to make sure you are using the most current form.

Be sure to check the boxes next to “Implied Consent Act” and “I want the officer to be a witness at my hearing.” This will be discussed more in the MVD Hearing section.

Request for Vehicle Seizure Hearing

Deadline = 10 days from date of arrest

Result of Missing Deadline – Automatic forfeiture of your vehicle

This is another deadline many people miss. Often, they do not fully understand what has happened to their vehicle. Many times, the vehicle does not belong to the DWI driver but someone else who has no idea what is happening with the vehicle.

It is very important to move quickly on this issue. There are some things you can do save your vehicle leading up to and at the hearing. However, if you miss the deadline, you do not get a hearing. The hearing request can be found online by searching for Albuquerque (or other city) DWI vehicle seizure hearing request.

There are possibilities to regain your vehicle following forfeiture but it is both difficult and expensive. The better route is to meet the deadline and then prepare for and attend the hearing.

You do not need an attorney to send in the request for hearing so send it out immediately, do not wait! You can find the hearing request by searching “Vehicle Seizure Hearing Request for Albuquerque.” It should pop right up.

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