If you have been arrested for DWI in New Mexico, you should know that there are important deadlines that begin to run on your case from your date of arrest.
The Albuquerque DWI attorneys at Collins & Collins, P.C. are here to help you understand those deadlines and to insure that you do not miss a deadline or an opportunity for the defense of your DWI charges.
Both Administrative and Criminal Procedure Deadlines in DWI Case
Unlike many other types of criminal cases, a DWI case has both administrative deadlines and criminal court procedural deadlines. Both sets of deadlines have important consequences.
The administrative deadlines deal with the revocation of your driver’s license and the seizure of your vehicle. The criminal court deadlines arise out of New Mexico criminal law and procedure.
A few of these deadlines run very quickly after your DWI arrest. It is important to act immediately to protect your rights. Feel free to call us directly or contact us online.
Administrative Hearing Deadlines
There are two very important administrative deadlines. The first which is related to your driver‘s license comes up in all cases where the driver blew .08 or above. The second is related to vehicle seizures which is not present in every case but is becoming more common.
Request for MVD Hearing on License Revocation
One of the first and most important deadlines that will arise in every New Mexico DWI case is the deadline on requesting a hearing on your MVD license revocation. You have only 10 days from the date of arrest to request the hearing.
Failure to request the hearing within the 10 day deadline will result in the automatic revocation of your New Mexico driving privileges. Not only must your make the request within the 10 days, you must properly request the hearing.
To understand the process for requesting the hearing, please visit our page at Request for MVD Hearing on License Revocation.
Vehicle Seizure Hearing
Albuquerque in particular has been quite aggressive about seizing vehicles in DWI cases. If your vehicle has been seized, the deadline is very short for requesting a hearing.
In Albuquerque, you have only 10 days from the date of arrest to request a hearing. Like the MVD hearing request, the request for an Administrative hearing on your vehicle seizure must be made properly.
To read more on the deadlines and proper procedures for requesting a vehicle seizure hearing, visit Request for Hearing on Vehicle Seizure. Keep in mind that these procedures apply only to Albuquerque. Rules may differ in other towns and cities throughout New Mexico.
Criminal Court Deadlines
The criminal court procedural deadlines are extremely important in the defense of your DWI charges. In fact, these deadlines often present the greatest protection for those accused of DWI’s in New Mexico.
Waiver of Arraignment
The Waiver of Arraignment is more for the convenience of the DWI defendant. It does not affect the defendant’s rights nor provide any advantage.
It simply allows a defendant to avoid the burden of attending the arraignment which is really simply a formality.
Read more on this deadline: Waiver of Arraignment.
Recusal of the Assigned Judge
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.
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 meaning you will have the first assigned judge until the conclusion of your case.
Read more: Peremptory Recusal of Assigned Judge
Deadlines Based on Criminal Law and Procedure
In addition to the deadlines above, there will many very important deadlines that come up during the course of your case.
These are procedural in nature and are set forth in the New Mexico Rules of Criminal Procedure and the vast caselaw that has developed in criminal law.
Read more on criminal law and procedural deadlines here: Procedural Deadlines in DWI Case.
Do Not Delay – Missing a Deadline Can Affect Many of Your Rights
Keep in mind that missing a deadline can have many adverse consequences including the automatic revocation of your driver‘s license, forfeiture of your automobile, and missed opportunities for defense against the DWI charges.
It is important not to delay in contacting an attorney. A delay of only a few days can have serious consequences.