DWI Frequently Asked Questions The most common misconception is that the criminal and civil actions are the same. Every DWI has two sides. The Civil side, which is the Motor Vehicle Division administrative action and the criminal conviction through the courts. In the Motor Vehicle Division Administrative Hearing, the law enforcement officer has only four points to prove: - The law enforcement officer had reasonable grounds to believe the driver was driving a motor vehicle while under the influence of intoxication liquor;
- whether the person was arrested;
- whether the administrative hearing was held no later than 90 days after the notice of revocation; and that
- either a.) the person refused to submit to the test upon request of the law enforcement officer; or b.) a chemical test was administered and the test results indicated an alcohol concentration of .08 or more for a person 21 years of age or older, .04 or more if the person is a Commercial Driver's License holder or .02 or more if the person is less than 21 years of age.
By New Mexico State Statute (Sections 66-8-107 through 66-8-112 and 66-5-29 NMSA 1978), all of this information is available for review. How long is the DWI license revocation period? Implied Consent - Adult Refusal - One Year
- Adult 1st Offense - Six Months
- Adult 2nd and Subsequent Offense - One Year
- Juvenile - One Year
Criminal - 1st Offense - One Year
- 2nd Offense - Two Years
- 3rd Offense - Three Years
- 4th and subsequent Offense - Lifetime
What do I need to do to reinstate my driver's license once my revocation period is over? You will need to provide proof of your identity, pay a $100 reinstatement fee, and take the written test if you have been revoked for more than a one year period and take the driving test if you have been revoked for more than a five-year period. If you were under a five-year of a 10-year denial period, you must petition a district court in your county of residence to restore your driving privileges. A Restoration Packet will be provided by any local MVD Express office along with a copy of your driving history. Please note MVD Field Offices may not provide restoration packets to residents of Bernalillo County. The Bernalillo County restoration packet is available only from the Second Judicial District Court at 400 Lomas NW in Albuquerque. If you are under a current lifetime revocation, you are eligible to apply to a district court for removal of the ignition interlock device requirement and restoration of the license five years from the date of conviction and every five years thereafter. Anyone on revocation for a DWI offense is eligible to apply for and receive and Ignition Interlock License upon providing proof of insurance and the installation of an Ignition Interlock Device in any car the individual drives.
This is my third offense, but when i went to court the judge reduced it to my second offense. Why am I still under revocation for a three-year period? The Motor Vehicle Division does not consider a reduction in offense by the court when a revocation period is determined. MVD looks at the number of convictions on your record and adjusts the revocation period based on the new conviction.
The Judge said that he would defer the DWI and dismiss it once I completed a predetermined probationary period. Why is the DWI still on my record, and why am I revoked? in the State of New Mexico , a Judge cannot defer to dismiss a DWI once the driver enters a plea of guilty or nolo contendere, or if there is a finding of guilt by the court. By statute (Section 66-8-102(T)(d)(3) NMSA 1978) a DWI conviction "means an adjudication of guilt and does not include imposition of a sentence." Conviction was so defined specifically to prevent a dismissal (subsequent to a deferred sentence) from erasing a DWI.
If i paid fines through the court, why do i have to pay MVD? The criminal and civil actions are completely different. Some fines are associated with conviction actions, and other fines are associated with Implied Consent/Administrative actions.
How long does a DWI stay on my record? A DWI will stay on the driving record according to the date it was received:
A DWI Received on Will stay on the driver's record for 1953 through June 30, 1961 5 years July 1, 1961 through June 30, 1969 Lifetime July 1, 1969 through June 30, 1975 5 years July 1, 1975 through June 30, 1990 Lifetime July 1, 1990 through June 16, 2005 25 years June 17, 2005 through present 55 years
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