When you’re accused of driving while intoxicated in New Mexico, you’re likely wondering how it will impact your future—especially your ability to drive. One of the most pressing questions is what will happen to your driver’s license.
Losing your license can affect your job, your freedom, and your day-to-day life. But many people don’t realize that license revocation is handled separately from the criminal court case. That means you could lose your license even if your criminal DWI charge is dismissed. Understanding this process is critical — and a skilled DWI lawyer in Farmington can help you navigate both the civil and criminal sides of your case
Two Legal Processes After a DWI Arrest in New Mexico
After a DWI arrest, you’ll face two separate legal actions:
- A criminal DWI case through the court
- An administrative license revocation handled by the Motor Vehicle Division (MVD)
These are not the same—and the outcome of one doesn’t automatically affect the other.
The Criminal Case: Fines, Jail Time & Court Proceedings
Your criminal case will be prosecuted in court under New Mexico law (NMSA 66-8-102). If convicted, you could face jail time, fines, probation, community service, substance abuse treatment, and the installation of an ignition interlock device.
Even a first DWI conviction comes with mandatory penalties, including up to 90 days in jail, probation, and a year of driving with an ignition interlock device. If this isn’t your first offense, the penalties quickly escalate.
Your license may be revoked as a result of a conviction—but that’s a separate step from what happens with the MVD.
The Administrative Hearing: License Revocation by the MVD
The moment you’re arrested for DWI and either fail a chemical test or refuse one, the officer will issue a Notice of Revocation. The MVD will automatically begin the process to revoke your driving privileges unless you request a hearing within 10 days of your arrest.
This is known as the Implied Consent Revocation. It’s based on the idea that by driving on New Mexico roads, you’ve already agreed to take a chemical test if law enforcement suspects you’re intoxicated.
The administrative hearing is your only chance to stop the revocation. But this hearing is not the same as your criminal trial:
- It’s handled by the Administrative Hearings Office, not the courts
- The rules of evidence are more relaxed
- The burden of proof is lower than in criminal court
A DWI lawyer can represent you at the hearing, cross-examine the arresting officer, and challenge the state’s evidence. If the officer fails to appear, you may have a stronger chance of keeping your license.
If you miss the 10-day deadline to request a hearing, your license will be revoked automatically.
What If My License Is Revoked?
If the MVD revokes your license, you will be eligible for an Ignition Interlock License. This allows you to drive, but only with a device installed in your vehicle that requires you to blow into a breathalyzer before starting the car.
The length of time you’ll need to drive with the device depends on your history:
- 1 year for a first offense
- 2 years for a second offense
- 3 years for a third offense
- Lifetime interlock for a fourth or subsequent offense (with the possibility to petition for reinstatement every five years)
It’s important to follow the interlock program rules closely. If you’re caught driving without it, you could face mandatory arrest and jail time, additional criminal charges and lose your license for even longer.
Why You Need a DWI Lawyer After Getting Arrested in Farmington
Because the administrative license hearing is separate from your criminal case and happens so quickly, you can’t afford to wait. Hiring a lawyer is a critical step to preserving your rights and protecting your future.
A DWI lawyer can help you:
- File the hearing request on time
- Present a strong case to keep your license
- Represent you in both the hearing and criminal case
- Work toward reducing or dismissing your charges
Attorney Patscheck has dedicated her career to defending people charged with DWI. From identifying faulty test procedures to questioning the legality of the traffic stop, we’ll do everything possible to protect your license and your future.
Frequently Asked Questions About License Loss After a DWI in New Mexico
What is the deadline to request an administrative hearing with the MVD?
You have 10 days from the date of your arrest to request a hearing. If you miss that window, your license will be automatically revoked.
Can I keep my license if I’m not convicted of DWI?
Yes—but only if you also win the administrative hearing. The MVD can still revoke your license even if your criminal charges are dismissed.
How long will my license be revoked after a first DWI?
A first-time administrative revocation typically lasts six months to one year. If convicted, the court will require you to use an ignition interlock device for a full year.
Can I drive while my case is pending?
You may qualify for an Ignition Interlock License, which lets you drive with restrictions. A DWI attorney can help you apply and meet all the requirements.
Is it possible to win at the MVD hearing?
Yes. Hiring an experienced DWI attorney is your best chance to obtain a positive outcome from the hearing. .An attorney can challenge important legal requirements such as the legality of the stop, the probable cause for the arrest, and the officer’s compliance with standardized protocols. If the officer fails to appear, the hearing may be dismissed in your favor.
Do I need a lawyer for the MVD hearing?
While you’re not required to have a lawyer, having legal representation significantly improves your chances. The hearing is legal in nature, and a lawyer can present evidence, question witnesses, and preserve your ability to drive.
Call Patscheck Law, P.C. Today to Fight for Your License
A DWI arrest doesn’t have to ruin your life—but it can if you don’t act quickly. With just days to save your license, don’t wait to get help. Attorney Patscheck is ready to defend your rights, protect your license, and guide you through both your criminal case and administrative hearing.
Call 505-325-9898 for a free consultation with a Farmington DWI defense lawyer.