For most people in the greater Albuquerque area, driving is not a privilege that can be taken away without creating hardship. You probably depend on your license to get to work and meet your family’s needs. If you are a commercial driver, you depend on your license to make your living. So, if you have been arrested for DUI, getting your license reinstated is a top priority.
Simon A. Kubiak, Attorneys at Law, PC makes it easier for you by helping you understand the license reinstatement process and appearing on your behalf as part of your comprehensive DUI defense.
Preventing MVD License Revocation
Upon arrest for DUI, New Mexico MVD immediately suspends your license. You must request an administrative hearing within 10 days of your arrest date to prevent your license from being revoked.
MVD hearings are scheduled through the main Santa Fe office but are held at a local Albuquerque bureau office.
- The officer did not have reasonable cause to stop you;
- The hearing date was scheduled more than 90 days after you received your Notice of Revocation (issued at the time of arrest);
- You tested below the legal blood alcohol concentration (BAC) limit; and/or
- The breathalyzer or field sobriety test was not properly administered.
If you are unsuccessful in your defense, your driver’s license will be revoked, and you will have to go through the reinstatement process to restore full driving privileges.
While your driver’s license is revoked, you may still legally drive with an interlock license and interlock device installed in your vehicle. Interlock requirements are mandatory for at least six months after a first offense, and interlock terms get longer if you have aggravated DUI charges, are convicted and/or have previous DUI convictions on your record.
License Reinstatement after Criminal Revocation
If your driver’s license was revoked by the criminal court, you will need to file a Petition for Order of Restoration to get your license reinstated. All forms and step-by-step instructions are available on the New Mexico MVD website.
The criminal court will reinstate your driving privileges once the revocation term has expired regardless of whether or not you got an interlock license. However, the Order of Restoration itself does not constitute complete reinstatement of your driver’s license. To be a legal licensed driver, you have to have your license reinstated by MVD.
If you drive on a suspended or revoked license, you face serious penalties, including fines, mandatory jail time and possible vehicle immobilization.
License Reinstatement from the MVD
To reinstate your license after revocation:
- Apply for reinstatement by providing the required form(s) and $25 application fee.
- For a driver who has had fewer than four DUI offenses, an Affidavit of Reinstatement of Driver’s License form may be sufficient.
- For a driver who has had four or more DUI convictions, you will need to secure an Order of Restoration from the criminal court judge (as described above).
- Submit proof of completion of DWI school or other court-ordered and court-approved traffic safety program and/or substance abuse program.
New Mexico MVD will only reinstate your license if all interlock requirements have been fulfilled.
How an Attorney Can Help
You are not required to have an attorney at any time during the MVD administrative process after a DUI arrest. However, having an experienced DUI defense attorney can help by:
- Sparing you an appearance at the MVD hearing – your attorney can appear on your behalf
- Improving chances that your license will be restored without revocation at the hearing
In the event that your license is revoked, an attorney can help you navigate the reinstatement process so that you know how to stay a legal driver and avoid the penalties of driving on a suspended or revoked license.
Call Simon A. Kubiak, Attorneys at Law, PC for the legal help you need to fight DUI conviction and restore your New Mexico driver’s license.