When you are arrested for a DWI in New Mexico your license can be suspended in two different ways:

If you fail a breath test or refuse to take one, your license will be immediately suspended and the NM Motor Vehicle Division (MVD) can revoke it for up to a year. The arresting officer will give you a temporary driving permit that will let you drive for 20 days before the revocation goes into effect. During that time you can request a hearing to challenge the case, but you must do it within 10 days of arrest.

If you are sentenced by a New Mexico court after a trial or plea agreement you will face additional sanctions. The administrative and judicial cases are separate, and must both be handled. Jail terms are more severe if blood alcohol concentration (BAC) is .16 or above, or if an injury was caused in the course of the DWI. An ignition interlock device is mandatory for all DWI convictions. The term varies depending on the prior record of DWI offenses. For 4^th or subsequent offenses, the term is lifetime, with the opportunity of a court review every five years. You will also have to undergo alcohol evaluation and treatment and perform community service. Visit the New Mexico MVD website for more information.

Every situation and state is unique, please consult with your attorney or your state licensing authority to confirm your requirements and obligations.

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