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General DWI Information

DWI Information: General Information

There are Two hearings for a DWI:

  1. A Judicial Court Hearing for a criminal conviction and separate from the Judicial Hearing is an
  2. Administrative Hearing for sustained revocation

Both are independent of one another, have separate statues for each one, and one or both can find you guilty or not. Depending on the findings, your driving record may be revoked under one or both statues.

Judicial Action:

Judicial action refers to what happens when a court decides on a case related to criminal offenses, specifically under a law known as statute 66-8-102 NMSA 1978, which deals with driving under the influence (DUI). If a person accused of DUI pleads no contest or guilty, or the court determines they are guilty, they will lose their driving privileges. This means their driving ability will be taken away for a certain period.

Administrative Action 

The Implied Consent Act governs the administrative action under NMSA 1978 statutes 66-8-105 through 66-8-112. The driver’s driving record will be revoked if they fail to request an Administrative Hearing timely or if it is determined that they are guilty of a DWI/DUI based on all available evidence.

Revocation vs Interlock Requirement

    • Revocation 
    • that the driver’s license and privilege to drive a motor vehicle on the public highways are terminated and shall not be renewed or restored, except that an application for a new license may be presented to and acted upon by the division after the expiration of at least one year after date of revocation
    • Interlock Requirement:
    • How much time a customer needs with the device

Revocation Period 

Your driver’s license can be revoked for both a violation of the Implied Consent Act and a DWI conviction through a criminal court. The revocation periods are as follows:

    • Implied Consent* – Over 21 years of age (at or above 0.08%)
    • 1st Offense – 6 months for failing a chemical test
      1st Offense – One year for refusing a chemical test
      2nd or Subsequent Offense – One year for failing or refusing a chemical test
    • Implied Consent* – Under 21 years of age (at or above 0.02%)
    • 1st and subsequent – One year for failing or refusing a chemical test
    • Criminal Conviction of DWI in Court
    • 1st Offense – One Year
      2nd Offense – Two Years
      3rd Offense – Three Years
      4th or Subsequent Offense – Lifetime
    • Arrest or Criminal Conviction for a DWI
    • Those with a commercial driver license arrested or convicted of a DWI, whether or not operating a commercial vehicle:
      1st Offense – One-year disqualification
      2nd Offense – Lifetime disqualification
    • *Implied Consent – Refusal to submit to a breath/ blood test; failure of breath/ blood test, or blood alcohol content (BAC) at or above .08 (or BAC a