New Mexico Changes DWI License Revocation Process

Effort seeks to cut down on number of dismissals of NM DWI cases.

January 1, 2009 will bring changes to the license revocation hearing procedure following an arrest for New Mexico DWI. The state will begin allowing police officers to submit signed affidavits that can be used when considering the suspension of a driver’s license for drunk driving. Previously, the officer was required to attend the hearing. The absence of the officer’s testimony could lead to dismissal of the driver’s license case.

Under New Mexico DWI law, the state begins an administrative process to suspend a motorist’s driver’s license after a charge of driving while intoxicated is entered. This is separate from the criminal charges associated with the DWI arrest. The motorist has the right to petition for an Administrative License Revocation hearing and attempt to retain his or her driving privileges.

The new policy of allowing an officer to submit paperwork, rather than appear at the hearing, is aimed at getting more license suspensions. It does not affect the court process of prosecuting a NM DWI. The new license hearing procedure will begin in Bernalillo and San Juan Counties in January, and then be expanded statewide.

Have you been charged with DWI in NM?