License Forfeiture

When you are stopped for driving under the influence of drugs or alcohol in New Mexico, a number of things happen. For instance, the officer is likely to put you under arrest then and there. Law enforcement will then have your vehicle towed and impounded. And, more likely than not, the arresting officer will ask you to hand over your license. New Mexico refers to this last happening as “license forfeiture.” The DWI defense attorneys at Simon A. Kubiak, Attorneys at Law, PC, can help you better understand what it means to forfeit your license and your rights following the whole ordeal.

Understanding License Forfeiture

License forfeiture refers to the physical act of handing your drivers license over to the police officer upon arrest for driving while intoxicated. This physical forfeiture of your license in no way restricts your driving privileges, a fact of which many DUI defendants are not aware. Once the department releases you from jail, you are free to drive. However, to ensure the MVD does not revoke your driving privileges in the future, you must request an MVD hearing to recover your physical license.

Understanding What License Forfeiture Is Not

Many DWI defendants confuse license forfeiture with other outcomes of a DUI arrest and conviction. Two such outcomes include vehicle forfeiture and license suspension or revocation. It is important to note that both these issues must be resolved via an administrative hearing and, until the hearing passes, you are not guilty. Until proven guilty, you are free to drive.

Get the Help You Need To Recover Your License

Loss of driving privileges is one of the most common outcomes of a DUI conviction in New Mexico. However, as previously stated, you are not guilty of driving under the influence unless the state, via an administrative hearing, proves you are. Prior to your hearing, you should feel free to drive to and from work, the grocery store and other destinations without fear of repercussions. The criminal defense lawyers at Simon A. Kubiak, Attorneys at Law, PC, are prepared to help you retrieve your physical license and recover your driving privileges. For the DUI defense you deserve, contact Simon A. Kubiak and team today.

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If you have questions about our legal services, feel free to get in touch with us right away. We quickly respond to all calls because we understand there is little time for delay when it comes to getting you the representation you need. For your convenience, we also have Spanish-speaking attorneys.


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