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Navigating the DWI Process

Understanding the DWI Process

If you’re stopped and charged with DWI (Driving While Intoxicated), you’ll receive the Notice of Revocation document. This notice informs you that your driving privileges might be taken away. It’s essential to act quickly: you have just ten days from the violation date to ask for a hearing to discuss this revocation.

You can fill out a unique form called the Request for Hearing form (MVD-10792) to request a hearing. You can find this form online or at any Motor Vehicle Division (MVD) office. Alternatively, you can write a letter requesting a hearing. Make sure your letter includes:

– A copy of your citation or notice of revocation.

– Your full name, birth date, and social security number.

– A payment of $25 via check or money order. If you’re facing financial difficulties, you might qualify for a fee waiver but must provide proof of your situation.

Once your request is submitted, you’ll receive a letter detailing your administrative hearing, including when and where it will occur.

Please note that there are two actions that comes with a DWI citation – The Administrative Hearing and the Judicial Hearing.

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.

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.

Refer to General DWI Information for the possible length of holding a Interlock license and an interlock device

What Happens During the Administrative Hearing

The administrative hearing is integral to the process if you’ve been arrested for DWI. It follows the Implied Consent Act, which gives the Motor Vehicle Division (MVD) the power to revoke your driving privileges after a DWI arrest. If you ask for a hearing on time, you’ll get a fair chance to present your case before the Administrative Hearings Office.

This hearing aims to decide if your driving privileges should be taken away or the revocation should be dismissed. It’s important to note that the DWI court case and this hearing are two separate legal processes.

Your license will be revoked if you are found guilty of DWI in court. This means you must get an interlock driving license and install an interlock device in your vehicle.