New Mexico DWI License Suspensions

Implied Consent and Drivers License Hearings In New Mexico

Under New Mexico DUI Law, two separate cases will result for a single DWI incident in New Mexico - a criminal DWI case through the criminal court system, and a civil administrative case through the department of motor vehicles. These cases are separate, and any penalties that are imposed in one will be in addition to any penalties imposed in the other. This section contains information regarding the civil administrative civil aspect of a DWI case. For more information on the criminal DWI penalties and process, refer to the New Mexico Penalties and Process tabs.

New Mexico DWI License Suspension Process

Upon arrest for DWI in New Mexico, a suspect will be taken into police custody and asked to submit to chemical testing. Under New Mexico's Implied Consent law, any person who operates a motor vehicle within the state is deemed to have given consent to chemical tests of his/her blood and/or breath for the purpose of determining the drug or alcohol content of his/her blood. If a suspect refuses to submit to chemical testing, no test will be given (unless a search warrant is obtained). Penalties will be imposed for refusing to submit to a chemical test, including the suspension of the suspect's privilege to drive. Persons who submit to a chemical test that reveals a blood alcohol content (BAC) of .08 or higher will also lose their driving privileges. The police must inform each DWI suspect of these penalties prior to asking them to submit to a test (and what is referred to as "implied consent rights").

**NOTE - Keep in mind that New Mexico DWI suspects who refuse testing will be charged with aggrevated DWI, an offense which carries harsher criminal penalties upon conviction.

After a DWI suspect has refused chemical testing or submitted to testing and "failed" (BAC of .08+, or .04+ for commercial vehicle drivers, or .02+ for minors under the age of 21), the police officer will confiscate the person's driver's license and forward a statement to the department of motor vehicles. The police officer must serve the DWI suspect immediate written notice of the license revocation and of his/her right to a hearing to contest the suspension. A temporary license will be issued to the suspect that will be valid for twenty days. If the suspect requests a hearing, the permit will be valid until the date an order following an administrative review hearing is entered.

Administrative Review of New Mexico DWI License Suspensions

New Mexico DWI suspects will have 10 days following the receipt of a notice of revocation to request a hearing to contest the suspension of their driving privileges. The request must be made in writing. The fee for a hearing request is $25. A sworn statement of indigency on a form provided by the department, or the $25 fee must be sent along with the written request. Failure to request a hearing within 10 days will result in the automatic suspension of the person's license and a waiver of the person's right to a hearing. The department will set a date for the hearing within 30 days of receipt of the request. The hearing will be held in the county where the DWI offense took place.

At the administrative review hearing, a hearing officer will act as judge to administer oaths, issue subpoenas, and make the ultimate determination of the following issues:      

(1) whether the law enforcement officer had reasonable grounds to believe that the person had been driving a motor vehicle within the state while under the influence of intoxicating liquor or drugs;(2) whether the person was arrested;(3) whether the hearing was held no later than ninety days after notice of revocation; and either (4)(a) whether the person refused to submit to a test upon request of the law enforcement officer; and (4)(b) whether the law enforcement officer advised that the failure to submit to a test could result in revocation of the person's privilege to drive; or (5)(a) whether the chemical test was administered pursuant to the provisions of the Implied Consent Act; and (5)(b) whether the test results indicated an alcohol concentration in the person's blood or breath of .08 or more if the person is 21 years of age or older, .04 or more if the person is driving a commercial motor vehicle or .02 or more if the person is less than 21 years of age.  

If the department finds that one or more of the issues are answered in the negative, the person's license will not be revoked and their driving privileges will be fully restored. On the other hand, if the department finds that the issues are all answered in the affirmative, an order sustaining the revocation/suspension of the person's license or privilege to drive will be entered. Such an order may be appealed for review within 30 days in the district court in the county in which the New Mexico DWI offense occurred. The district court will determine only whether reasonable grounds for the revocation or denial of the person's license or privilege to drive exist based on the record of the administrative review hearing.

New Mexico DWI License Consequences

CHEMICAL TEST REFUSAL - 1 year suspension or until all conditions for reinstatement for license are met, whichever is later

CHEMICAL TEST "FAILURE" - 6 month suspension or until all conditions for license reinstatement are met, whichever is later (Minors under the age of 21: 1 year or until all conditions for license reinstatement are met, whichever is later), OR 1 year suspension or until all conditions for license reinstatement are met, whichever is later, if the person previously had his/her license revoked for chemical test failure or refusal.

**NOTE - These license suspension penalties are in addition to, and seperate from any license suspension that may be imposed pursuant to a criminal New Mexico DWI conviction stemming from the same offense.