If you are arrested by a New Mexico police officer under suspicion of committing a DWI, your driver’s license will be confiscated at the scene by the police if your breath score is at or above the legal limit, or if you have refused to take the breath/blood test. The state MVD then attempts to revoke your driver’s license for up to 1 year. This action is called an Implied Consent or an administrative revocation, and it is separate from your DWI. If you are convicted in the DWI court, your license will also be revoked as part of the criminal court’s sentence. Unlike the criminal DWI hearing though, the state will not appoint you an attorney for this hearing.
If you want an attorney you must retain private counsel. When your driver’s license is confiscated by the police you then have 20 days before the revocation takes effect. However, if you want to contest the revocation you are required to promptly demand an administrative hearing within 10 days of your arrest. The request must be in writing and be accompanied by a $25 hearing fee. If you use the state’s form for requesting this hearing, you must check-off the box whereupon you demand a hearing, and also the box right below that demanding the police officer’s presence. The hearing is then required to take place within 90 days. In Gallup, New Mexico the hearing usually takes place telephonically at the MVD office. The hearing officer will take testimony from the police officer and decide whether the state had reasonable grounds to stop your vehicle, whether you were read the Implied Consent Act, that the chemical test was administered properly, i.e., according to state regulations, and that you tested at or above the legal limit. If you’ve been charged with DWI in McKinley County, New Mexico, do not delay call the Law Office of Barry Klopfer today to schedule a complimentary case review. (505) 722-9331