New Mexico Statutes define driving under the influence of alcohol or drugs (DUI) as a motor vehicle violation. So, the New Mexico Motor Vehicle Department (MVD) gets involved immediately.
New Mexico MVD cannot charge or prosecute anyone suspected of drunk driving. However, they can impose penalties that affect your driving privileges. And, if you do not follow their procedures, you could lose your driving privileges longer, possibly for a lifetime.
Simon A. Kubiak, Attorneys at Law, PC includes representation at all MVD administrative hearings as part of your DUI defense.
MVD License Suspension and Revocation
Upon arrest for DUI, your driving privileges are suspended. In many cases, you will have to forfeit your physical license to the arresting officer. You will be given a Notice of Revocation, which acts as a temporary driver’s license for 20 days.
License revocation is not effective until:
- You fail to request a hearing within 10 days of your arrest at which time your license suspension automatically becomes a revocation.
- You lose your case for license reinstatement before the MVD hearing officer.
There are severe consequences for driving on a suspended or revoked license, such as:
- Minimum fine of $300 up to $1,000
- Mandatory five days in jail up to seven days
- Vehicle immobilization for up to 30 days
License revocation terms get longer with every subsequent DUI offense. After the fourth DUI offense, the MVD may impose permanent license revocation (lifetime license suspension).
License Revocation Alternatives
If your license is revoked at the MVD hearing, you lawfully drive with an interlock license and interlock device installed in your vehicle.
MVD may require interlock (license and device) before a DUI conviction in the criminal courts. And typically, interlock requirements are mandatory conditions for license reinstatement.
Comprehensive DUI Defense in Albuquerque
Simon A. Kubiak, Attorneys at Law, PC will help you navigate the administrative side of a DUI arrest. If you contact us immediately upon your release, we will take care of requesting the MVD hearing to fight license revocation. We can appear on your behalf, sparing you the inconvenience.
Call us today to schedule a free initial consultation.