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What Are The Implications In The Mvd 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 bloodalcohol 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 oneyear 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 fiveor10 year revocation needs an order from the state district court before MVD will reinstate his license.

Other New Mexico Drunk Driving Defense FAQs

Q: What Happens When Im Stopped For A Dwi?
A: If you have been stopped by a police officer for suspicion of drunk driving, you will generally be asked to produce your license and registration as well as your proof … More
Q: Should I Agree To Take The Field Sobriety Tests?
A: You are not required by law to take field sobriety tests, and many of the tests are extremely difficult even for people who have not been drinking. It is therefore … More
Q: Should I Agree To Take The Breath Test?
A: You can refuse to take a breath or blood test but this can have serious consequences with regard to your driver's license. The advantage of not taking the test is that … More
Q: What Should I Do If I Have Been Arrested For Dwi?
A: The most important thing you must do after an arrest for DWI is to submit a request for an administrative hearing regarding the revocation of your driver's license to … More
Q: What Is The Difference Between My Mvd Case And My Criminal Case?
A: When you have been arrested for DWI you face both an administrative revocation of your license (through MVD), and a criminal prosecution, which may also result in the … More
Q: What Happens In The Criminal Case?
A: The criminal case is brought by the government and can result in jail, fines, probation and loss of license. The jail time, fines and other penalties vary depending on … More
Q: What Happens In The Mvd Case?
A: The civil administrative hearing process with the Motor Vehicle Division decides whether your license if revoked for ninety days, six months or one year. You must … More
Q: When Will I Get My Mvd Hearing?
A: Your MVD must occur within 90 days of your arrest. Usually your hearing will be heard near the end of your 90 day period, somewhere from 70 to 90 days from your arrest
Q: What Are The Penalties For Dwi?
A: A first offense for DWI, is punishable with up to 90 days in jail, up to a $500 fine, or both, and about $200 in court costs. You also may be ordered to attend a first … More
Q: Can I Still Drive?
A: If you timely requested a MVD Revocation hearing, you can drive until a decision is made by the MVD hearing officer at your MVD hearing, assuming your license was … More