In New Mexico, DWI charges will often result in the revocation of your driver’s license if your breath alcohol level was .08 or greater. You do have a right to an Administrative Hearing with an MVD Hearing Officer. If you do not request a hearing, your license is automatically revoked.
Obviously, driving privileges are very important and this is among the greatest concerns of those charged with DWI. Without going into the hearing itself which in some cases can seem like mere rubber stamp of the DWI arrest, you must request the hearing within 10 days of your arrest or your right to a hearing is waived.
Process for Requesting MVD Hearing
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 DWI arrest. Your right to a hearing is forfeited if you fail to meet both elements of the requirement.
In other words, you lose your right to the hearing for failure to send the request within 10 days and you also waive the right if you fail to include the required $25.00 fee. In case of either failure, your license will be automatically revoked.
Forms Available at New Mexico Department of Motor Vehicle Site
The Request for Hearing is available through the Hearing Request area of New Mexico Department of Motor Vehicles. It is important to obtain the forms through the New Mexico MVD to insure that you are using the most current form. They don‘t change frequently but when they do it is important to use the most current form.
Request That the Officer Show for the Hearing
On that note, one recent change to the MVD hearing request form was the addition of a check box for requesting that the officer be present at the hearing. It is important to request the officer‘s presence for a couple of reasons.
First, your attorney assuming you have one will want to question the officer in person, not by phone. The reasons for this are many and an experienced DWI attorney can explain why.
Secondly, the failure of the officer to attend the hearing will result in the dismissal of the license revocation proceedings against you. In fact, dismissal due to failure of the officer to show is the most common basis for defeating the license revocation action.
If the officer shows, there are a few basic requirements that the State must meet with the primary consideration the breath alcohol score of .08 or above.
These hearings have very low thresholds for the State so they are difficult to win if the officer shows. However, the officers do not always show and this will allow you to keep your license at least through the conclusion of DWI process.
An Attorney Can Attend the Hearing on Your Behalf!
Though you do not need an attorney to either request the hearing or attend the hearing, it is generally advisable that you have the assistance of counsel from the beginning. In addition to assisting you with the request for hearing, the attorney can attend the hearing on your behalf. You do not have to attend the hearing if you have an attorney.
Do Not Delay – Deadlines Loom!
As with all criminal law matters, it is important to act quickly. There are many deadlines in a DWI case beyond the MVD hearing request deadline. Missing one can jeopardize your rights and undermine the defense of the DWI charges against you.
Albuquerque Attorneys, Collins & Collins, P.C. are here to help guide you through the MVD hearing process as well as the DWI charges that made the hearing necessary.