Understanding Administrative vs. Criminal License Revocation in New Mexico: What Every Driver Needs to Know

If you’ve been arrested for a DWI (Driving While Under the Influence) in New Mexico, you’re not just facing criminal charges. You’re also dealing with a separate and independent administrative license revocation proceeding. Many drivers are shocked to learn that even if they win their criminal case, they can still lose their driving privileges through the administrative system. This distinction is crucial to understand, and the timeline for protecting your rights is extremely tight. This is a crucial place where an experienced private attorney can make the difference for you: a public defender will not protect your license in the administrative hearing or even send out the notice to give you the chance to battle for it on your own!

The Critical Difference: Two Separate Systems

New Mexico law creates two completely independent systems for license revocation following a DWI arrest:

Criminal Revocation: This occurs as part of your criminal case. If you’re convicted of a DWI offense under N.M.S.A. 1978, Section 66-8-102, the court can impose mandatory license revocation as part of sentencing.

Administrative Revocation: This is a separate civil proceeding handled by the Motor Vehicle Division (MVD) and administered through the Administrative Hearings Office. It operates independently from your criminal case and is triggered by different legal standards and procedures.

Why These Two Systems Matter

The most important thing to understand is that they operate completely independently of each other. This means:

• You can win your criminal case and still have your license revoked administratively
• You can lose your criminal case and still fight the administrative revocation separately
• Winning or losing one proceeding has NO automatic effect on the other
• You could face revocation under BOTH systems simultaneously

This dual system exists because the administrative revocation serves a different purpose than criminal punishment. The administrative system focuses on public safety and immediate removal of unsafe drivers from the road, while criminal proceedings focus on guilt and punishment for breaking the law.

The Administrative Revocation Process: Act Quickly or Lose Your Chance

The Notice and the 10-Day Deadline

When you’re arrested for DWI in New Mexico, the arresting officer will provide you with written notice of license revocation at the time of arrest. This notice includes information about your right to request a hearing.

Here’s where the timing becomes absolutely critical: You have only 10 days from the date you receive this notice to request a hearing, according to N.M.S.A. 1978, Section 66-8-112(B). Let me say that again because it’s that important—10 days. Not 30 days. Not 20 days. 10 days.

What Happens If You Miss the Deadline

If you fail to request a hearing within those 10 days, you automatically forfeit your right to a hearing. Your license revocation becomes effective, and you lose the opportunity to challenge the administration’s decision. Once this happens, you must wait out the entire revocation period (typically one year or longer depending on your situation) before you can apply for license reinstatement.

Crucially, an appointed public defense attorney will not help you in this process. This means there is a huge advantage to those people who are willing to invest in a high quality criminal defense attorney to protect them both in the criminal and administrative realm.

How to Request a Hearing

To preserve your rights, your hearing request must:

• Be in writing
• Be received within 10 days of the notice of revocation
• Include a $25 filing fee (I suggest by check or money order)
• Be submitted to the Motor Vehicle Division

Many drivers miss this deadline simply because they don’t understand how urgent it is. They may think they have time to consult an attorney or that the criminal proceedings will give them another opportunity. They won’t.

What Happens at the Administrative Revocation Hearing

Once you properly request your hearing within the 10-day window, the Administrative Hearings Office will schedule your hearing.  At the administrative hearing, the hearing officer will determine whether:

1. The law enforcement officer had reasonable grounds to believe you were driving under the influence
2. You were arrested
3. The hearing is being held within the required timeframe
4. Either:
   • You refused to submit to a chemical test after being advised of the consequences, OR
   • A chemical test was administered and showed an alcohol concentration at or above the legal limit (0.08% for drivers 21 and older, 0.04% for commercial drivers, 0.02% for drivers under 21)

Important: At this administrative hearing, the standard of proof is much lower than in criminal court. The state only needs to prove its case by a “preponderance of the evidence” (more likely than not), not “beyond a reasonable doubt” as required in criminal proceedings.

Criminal Revocation: What Happens in Your Criminal Case

Separate from the administrative process, if you’re convicted of DWI in criminal court, the court must revoke your license. This mandatory revocation typically lasts:

• One year for a first offense
• Two years for a second offense within 10 years
• Three years for a third offense within 10 years
• Lifetime for a fourth or subsequent offense (subject to a five-year review)

However, here’s a critical point: If you win your criminal case—if the charges are dismissed or you’re acquitted—there is no criminal license revocation.

The Independence That Catches Drivers Off Guard

Because these two systems are independent, you could face this scenario:

The Scenario: You’re arrested for DWI. The officer takes your license. You receive administrative notice and have 10 days to request a hearing. You’re busy dealing with your criminal case and think you’ll handle everything together, so you don’t request an administrative hearing. Meanwhile, your criminal case progresses, and you eventually win—charges dismissed. You feel relieved, thinking everything is resolved.

The Reality: Your administrative license revocation is still in effect because you never challenged it. You lost that opportunity when you missed the 10-day deadline. Even though you weren’t convicted of a crime, your license is still revoked through the administrative system.

This happens to people more often than you might think, and it’s tragic because it was completely preventable.

Driving with a Revoked License: A New Criminal Case

If you’re pulled over while driving with a revoked license and you don’t have an ignition interlock device in your vehicle (if one was required), you face mandatory arrest and a completely new criminal case.

The Mandatory Arrest Provision

New Mexico law requires mandatory arrest for driving with a revoked license when no interlock device is present. This isn’t discretionary—officers must arrest you. You’ll be taken into custody and booked, facing new charges in addition to whatever you’re already dealing with.

The New Criminal Charge

Driving with a revoked license is typically charged as:

• A misdemeanor (for first or second offense)
• A felony (for subsequent offenses)

This creates a spiral that compounds your legal problems:

1. Your original DWI arrest triggers administrative license revocation
2. You miss the 10-day deadline to challenge it
3. Your license gets revoked
4. You drive anyway (out of necessity or not realizing the severity)
5. You’re pulled over and arrested
6. You now face a new criminal case for driving with a revoked license
7. That conviction can trigger additional license suspension
8. You’re caught in an escalating cycle

The Interlock Device Requirement

If your case involves a commercial driver’s license (CDL) or if you’ve qualified for an ignition interlock license program, you must have the proper device installed in your vehicle. If you’re required to have it and you don’t, driving the vehicle is not just illegal—it’s treated seriously under the law and can result in that mandatory arrest.

What You Should Do Right Now

If You’ve Been Arrested for DWI

1. Count your days immediately. Determine exactly when you received notice of revocation. Mark your calendar 10 days out.

1. Contact an attorney immediately. Don’t wait. The administrative process moves quickly, and an experienced New Mexico DWI attorney can help ensure your rights are protected in both the administrative and criminal proceedings.

1. Request your administrative hearing in writing within those 10 days. Include either the $25 fee or your indigency statement. Get proof of delivery.

1. Don’t drive with a revoked license. This cannot be overstated. If your license is revoked and you don’t have an authorized interlock device, driving is not worth the mandatory arrest and new criminal charges.

1. Keep all documentation. Save your arrest report, the notice of revocation, any hearing notices, and all correspondence with the MVD and courts.

If You’re Facing Both Administrative and Criminal Proceedings

• Understand that they are separate. Winning one doesn’t automatically win the other.
• Your criminal attorney and your administrative hearing strategy may need to work together, but they’re not the same fight.
• The administrative hearing happens faster and operates on a tighter timeline.

So often I have clients that don’t understand that even if they beat the criminal case, they still may have a revoked license through administrative revocation. And they only found this out after being arrested and charged with driving on a revoked license!

Why You Need an Experienced DWI Attorney

The distinction between administrative and criminal license revocation is so important because most drivers don’t understand it until it’s too late. An experienced New Mexico DWI attorney will:

• Ensure you meet all deadlines (especially that critical 10-day deadline)
• Understand the different standards of proof and procedures in each system
• Develop strategy for both your criminal case and administrative hearing
• Challenge the evidence and procedures in both proceedings
• Potentially negotiate outcomes that minimize your overall license suspension
• Protect your driving privileges and your freedom

At Max Pines Law, we understand how these systems work and how they interact. We’ve helped countless New Mexico drivers navigate DWI charges while protecting their right to drive. The difference between winning and losing often comes down to meeting deadlines and understanding the rules—and that’s exactly what we do.

Questions You Should Ask an Attorney

When you consult with an attorney about a DWI arrest, make sure to ask:

1. What is the deadline for requesting an administrative hearing, and what is today’s date relative to that deadline?
2. What is the difference between my administrative case and my criminal case?
3. Can I win one and lose the other?
4. What happens if I miss the administrative hearing deadline?
5. If I get an ignition interlock license, what are my obligations?
6. What are the consequences if I drive with a revoked license?
7. Can anything I say in the administrative hearing be used against me in the criminal case?

The Bottom Line

In New Mexico, an arrest for DWI triggers two separate license revocation systems. You have 10 days to protect your administrative rights, and missing that deadline can mean losing your ability to drive for an entire year or longer—even if you win your criminal case. These systems operate independently, so understanding and protecting both is critical.

If you or a loved one is facing DWI charges in New Mexico, don’t wait. Contact Max Pines Law immediately to discuss your case. The difference between preserving your driving privileges and losing them for years can be as simple as acting within 10 days.