Ousama M. Rasheed Criminal Law Blog on Lawyers.com

In New Mexico, a drunk driving conviction results in loss of driving privileges.  Two different types of cases affect license suspension when arrested under drunk driving laws. In Albuquerque, drivers face a civil administrative case brought by the Motor Vehicles Division and also a criminal case in the Albuquerque criminal court system. 

Civil administrative hearing

When arresting for DWI, police officers confiscate drivers’ licenses immediately and serve defendants with notice of license revocation along with their right to a hearing.  The following circumstances trigger the confiscation and notice of revocation:

*         Refusal to submit to a chemical test under the implied consent law

*         A driver’s blood alcohol content  (BAC) tests .08 or higher

*         A commercial driver’s BAC tests .04 or higher

*         A minor’s BAC tests .02 BAC or higher

Officers also report the confiscation to the Motor Vehicle Division.  Defendants receive a temporary license that allows driving for 20 days or, if the defendant requests a hearing, the temporary license allows driving until the decision of the administrative hearing renders it invalid.  DWI defendants have 10 days to submit a written request an administrative hearing after license suspension.  The hearing officer reviews the facts of the case and decides whether to revoke or restore the license.  A skilled DWI lawyer can often effectively defend against license suspension.

Suspension periods

Depending on the nature of the DWI charges and the outcome of the administrative hearing, license revocation may last for the following periods:

First DWI offenses

*         One year suspension—drivers under age 21  (.02 BAC or higher)

*         One year suspension—drivers refusing the chemical test

*         Six month suspension—drivers over age 21 with BAC .08 or higher or commercial drivers with BAC .04 or higher

*         All subsequent DWI offenses—one year suspension

In addition to civil administration revocation penalties, criminal DWI convictions have even harsher license revocation penalties which are:

*         One year revocation for a first offense

*         Two years for a second offense

*         Three years for a third offense

*         Revocation for life for subsequent offenses

For experienced representation to fight license suspension

Rasheed & Associates, P.A. is a law firm in Albuquerque, New Mexico with extensive knowledge about drunk driving law in Albuquerque.  Our lawyers can provide aggressive defense in both the administrative and criminal court case.  Call 505-246-8474 or contact us online to schedule a free initial consultation.