DWI & Your New Mexico Driver’s License
In New Mexico, when a person is arrested and charged with DWI, they are bombarded with numerous simultaneous penalties. For instance, a person charged with DWI will face criminal charges, administrative charges, as well as civil penalties.
Administrative Driver’s License Revocation
When arrested for DWI in New Mexico the arresting officer will usually provide a “Notice of Revocation” form will briefly states that your administrative New Mexico Driver’s License will be revoked in 10 days. Despite not having been found guilty of DWI, the State MVD (i.e. Taxation & Revenue Department) may revoke your driving privileges. What gives this “agency” the authority to revoke a New Mexico driver’s license? The “Implied Consent Act”.
The Implied Consent Hearing is related to the consequences of a New Mexico DWI drunk driving charge on your New Mexico Driver’s License.
The hearing is held with the New Mexico Motor Vehicle Department (MVD.) and this hearing is seperate and distinct from the criminal prosecution of a New Mexico DWI. It has nothing to do with your criminal court case.
Advisement required by Implied Consent Law:
Alleged drunk driver must be specifically advised about
(1) the Penalties for refusing, and
(2) the Right to arrange for an independent test from a testing facility of your choice.