violation of New Mexico’s rules of the road. As a result, both the criminal justice system and the Motor Vehicle Department get involved. Both agencies have the power to take away (and restore) your driving privileges.
Simon A. Kubiak, Attorneys at Law, PC can help you understand and navigate both the criminal and the administrative processes that follow a DUI arrest. We provide comprehensive DUI defense that includes administrative representation so that your regular or commercial driving privileges are being taken care of from both angles.
MVD and Criminal License Suspension
Both the MVD and the State of New Mexico have the authority to suspend or revoke your driving privileges. What is usually different is when driving privileges may be affected and the conditions you must meet to fully restore them.
MVD license suspension or revocation may be effective in as little as 10 days after your arrest.
Criminal license suspension or revocation can only be enacted as part of sentencing for a DUI conviction.
In other words, the MVD may take away your driving privileges sooner and with less burden of proof than the criminal courts.
MVD will require an interlock license and an interlock device installed on your vehicle before lifting license revocation. The criminal courts typically reinstate a revoked license after the specified amount of time passes.
Administrative DUI Overview: How to Get Your License Reinstated
Upon arrest for DUI, you may have to forfeit your license to the arresting officer. However, whether or not you have your physical driver’s license, you will receive a Notice of Revocation, which acts as your temporary driver’s license for 20 days.
At the end of 20 days, your driver’s license will be permanently revoked unless you request a hearing before an MVD officer within 10 days of your arrest.
There are two possible outcomes from the MVD hearing:
|You win your case||You lose your case|
|Your driving privileges are restored effective immediately||MVD will revoke your license for a specified period of time or permanently|
|You will have to go to your local MVD office to get a replacement license at personal cost. (Your forfeited license will not be returned to you.)||You may legally drive while your regular license is revoked if you have an interlock license and interlock device installed.
If you do not have an interlock license and/or device, you will be driving with a revoked license, the penalty for which includes a mandatory 5-day jail term.
You may have your attorney appear on your behalf at the MVD hearing.
Call us to schedule a free initial consultation at our Albuquerque office. Remember that you only have 10 days after your arrest to schedule a hearing. The sooner you call, the sooner we can take over your administrative case and ensure you are a lawful driver.