Missing a Deadline in a DWI Case Has Consequences

There are numerous deadlines that will come up during a New Mexico DWI case. Some of these deadlines come early. Missing these deadlines can have serious consequences for your rights.

It is very important to understand these deadlines and make sure that you do not miss one.

Deadline on Request for MVD License Revocation Hearing

This is one that many people miss. The deadline for sending in the request for hearing is 10 days from the date of the arrest. If you miss this deadline, your license will be revoked automatically without a hearing.

This sounds awful but in fact these hearings have very low standards for revocation. In fact, they sometime seem like mere formality. On the other hand, they are won on occasion most often when the police officer(s) does not show up. In this case, the revocation proceedings are dismissed and you will keep you license at least through the resolution of the DWI criminal charges.

Deadline on Request for Hearing on Vehicle Seizure

This also has a 10 day deadline. Again, missing the deadline results in automatic forfeiture of you vehicle.

Unlike the MVD hearing, there are often resolutions short of forfeiture during the administrative seizure proceeding. Addressing this matter in a timely manner is extremely important to your property rights.

Early Court Deadlines Start Early

There are many deadliness that will come up during a DWI case. A couple come early.

The first deadline is the Waiver of Arraignment. This must typically be done at least a few days before the arraignment. These deadlines may vary, sometimes significantly, depending on the judge.

The second is the deadline on excusal of the first assigned judge. You have a right to excuse the first assigned judge. You cannot excuse subsequent judges.

This must be filed within 10 days of the date of arraignment or filing of a waiver of arraignment. This can be very important for your case. Simply put, there are some cases that do not particularly fit the first assigned judge from the perspective of the defense of the DWI charges.

Start Early, Do Not Miss a Deadline

It is important to get on top of your DWI case right away. Delay can be detrimental to the defense of your charges.