New Mexico Implied Consent Act Hearings
The Implied Consent Hearing is related to the consequences of a New Mexico DWI drunk driving charge on your New Mexico Driver’s License.
The hearing is held with the New Mexico Motor Vehicle Department (MVD.) and this hearing is separate and distinct from the criminal prosecution of a New Mexico DWI. It has nothing to do with your criminal court case.
(1) Blood or
(2) Breath or
(3) Blood & Breath (both) upon officer’s choice.
Advisement required by Implied Consent Law
Alleged drunk driver must be specifically advised about
(1) the Penalties for refusing and
(2) the Right to arrange for an independent test from a testing facility of your choice.
- 6 month revocation = for 1st revocation under I.C.A. if .08 or higher, 21 years or older,
- 1 year revocation = if 2nd revocation under I.C.A.
- 1 year revocation = if under 21 years old with .02 or higher
- 1 year revocation = for anyone who refuses a chemical test.
How to Request a Hearing
A written request for hearing under the Implied Consent Act must be postmarked and include a $25.00 check or money order to the Motor Vehicle Division within 10 calendar days from the date of the incident. If you do not follow these strict guidelines your New Mexico driver’s license will be revoked on the 20th day.
Once again this has nothing to do with your criminal court case. (Blood draw cases have 10 days from the receipt of the Notice of Revocation.)
Ignition Interlock Devices & Licenses
Ignition Interlock Drivers License: permit revoked drivers to drive anytime, anywhere, in New Mexico for any reason, as long as the vehicle has an ignition interlock device.
Administrative Hearing Office
The Hearings Bureau (aka “Administrative Hearing Office”) holds all administrative hearings under the Tax Administration Act and other tax statutes, the New Mexico Motor Vehicle Code, the DWI Implied Consent Act, and the New Mexico Parental Responsibility Act.
Contact Information For entry of appearances or letter of representation, motion or request to continue hearing and motion for reconsideration contact:
Implied Consent Scheduling Section
P.O. Box 630 | Santa Fe, NM 87504-0630
Phone: (505) 827-0358 | Fax: (505) 827-0500
For the appeal process or duplicate tape of hearing, requests for discovery or requests for subpoenas contact:
Legal Services Bureau
DWI Legal | P.O. Box 630 | Santa Fe, NM 87504-0630
Phone: (505) 827-9807 | Fax: (505) 827-0684
To request an implied consent hearing (send with check or money order for $25.00) contact:
Motor Vehicle Division | Drivers Services Bureau | P.O. Box 1028 | Santa Fe, NM, 87504-1028
Phone: (505) 476-3629 | Fax: (505) 476-1710
Copies of audio files of DWI hearings and other administrative hearing proceedings like decisions, Implied Consent Act and Decisions and Orders under the Tax Administration Act are also available by contacting the Legal Services Bureau.
Driving While License Revoked for DWI
Driving without an interlock when it’s required by an interlock license is driving while revoked.
- Misdemeanor §66-5-39
- 1-year revocation added to current revocation period.
- Up to one year in jail, 7 days mandatory.
- Up to $1,000 fine; $300 mandatory.
- Other: 30 days immobilization of vehicle driven by offender.