Summary of
New Mexico's Administrative License Suspension Laws
THE CIVIL CASE - The MVD
civil hearing process is separate from the criminal court proceeding.
You can win one case and lose the other. If you refuse to take a breath
or blood test as requested by the officer, you may lose your license
of one year and you cannot get a work permit or a limited license. If
your license is revoked for the first time and you took a blood or breath
test, you will lose your license for 90 days if you are 21 or older
with a 0.08 or higher blood-alcohol result. If you are under 21, then
you will lose your license for six months with a 0.02 or higher alcohol
level. If you have previously had your license revoked for DWI through
the MVD civil hearing and your alcohol level is above the legal limit,
then you will lose your license for one year without the possibility
of a work permit or a limited license. Your driver's license can be
revoked through a DWI criminal conviction or a DWI civil revocation
(the MVD hearing), or if you are convicted of driving on a revoked license.
If your license if revoked, you cannot drive. If you are caught driving,
you will be arrested. If you are convicted in criminal court of driving
on a revoked license, you will receive a sentence of seven days to one
year in jail and a $300 to $1000 fine. You also will receive an additional
one-year revocation of license, which starts when your current revocation
ends, and your vehicle can be immobilized - impounded or locked in your
driveway - for 30 days at your expense. When your revocation period
is over, you must apply to MVD and pay $100 to reinstate your license,
otherwise you risk being arrested. A person who has three or more DWI
convictions resulting in a five-or-10 year revocation needs an order
from the state district court before MVD will reinstate his license.
