If you are arrested for DWI, your license will be confiscated on the spot if your breath test is at or above the legal limit, or if you have refused to take the test. The police officer takes away your license and notifies the Motor Vehicle Division, which then revokes it for up to one year. This action is called an Implied Consent or an administrative revocation and is completely separate from anything that happens when you go to court for DWI. If you are convicted in court, your license will also be revoked in a separate court action.
When your license is confiscated by the police officer you have 20 days before the revocation takes effect. If you want to protest the revocation, you must request an administrative hearing within 10 days of your arrest. The request must be in writing and be accompanied by a $25 hearing fee, or a sworn statement of indigency. The hearing will take place within 90 days.
If you are revoked for a DWI, you cannot qualify for any kind of license except an ignition interlock license.
Once your license is revoked, it stays revoked until you reinstate it.
The penalties for driving while revoked are severe. You can be sentenced to jail for up to a year (mandatory jail seven days) and can be fined up to $1,000 (mandatory fine is $300).
Your car can also be “booted” or immobilized for 30 days so you can’t drive it.
Your driver’s license can be revoked for both a violation of the Implied Consent Act and a DWI conviction through a criminal court. The revocation periods are as follows:
Implied Consent* – Over 21 years of age (at or above 0.08%)
1st Offense – 6 months for failing a chemical test
1st Offense – One year for refusing a chemical test
2nd or Subsequent Offense – One year for failing or refusing a chemical test
Implied Consent* – Under 21 years of age (at or above 0.02%)
1st and subsequent – One year for failing or refusing a chemical test
1st Offense – One Year
2nd Offense – Two Years
3rd Offense – Three Years
4th or Subsequent Offense – Lifetime
– Those with a commercial driver license arrested or convicted of a DWI, whether or not operating a commercial vehicle:
1st Offense – One year disqualification
2nd Offense – Lifetime disqualification
*Implied Consent – Refusal to submit to a breath/ blood test; failure of breath/ blood test, or blood alcohol content (BAC) at or above .08 (or BAC at or above .02 for persons less than 21 years of age, or at or above .04 for person driving a commercial motor vehicle).
Clark, Jones & Pennington, LLC represents clients from the Santa Fe and Albuquerque areas with License Revocation and other legal matters. Please call 505-820-1825 or contact us online to schedule a free initial consultation at our Santa Fe office.