DWI License Revocation Defense

By Max Pines
DWI
December 26, 2025

A DWI arrest in New Mexico does not just mean a court date; it also triggers a separate fight to save your driver’s license with the Motor Vehicle Division (MVD). This blog explains how administrative license revocation works and how a private attorney like Max Pines, who has tried more than 20 DWI cases, can help protect both your license and your criminal case.

The key point is that YOU MUST REQUEST A HEARING WITHIN 10 DAYS OF YOUR DWI ARREST, or your license WILL be revoked. Only a competent private criminal defense attorney can help you with this.

Two Separate Battles: Court And MVD

A DWI arrest creates two different proceedings:

A criminal case in court, where a judge can impose jail, fines, probation, and a court‑ordered license revocation if you are convicted.
An administrative case with MVD, where your license can be revoked based only on the breath/blood test or a refusal, even if your criminal case is dismissed.

The public defender generally cannot represent you at the MVD revocation hearing because it is considered a civil administrative matter, which is one reason many people hire a private attorney for this part of the case.

What Happens To Your License After A DWI Arrest?

If you blow at or above the legal limit, or you refuse the test, the officer takes your license on the spot and notifies MVD. Your physical license is replaced with a temporary permit and, unless you act quickly, MVD will revoke your driving privileges for up to one year under New Mexico’s “Implied Consent” law.

Important deadlines:

You have 20 days from the date your license is confiscated before the revocation automatically starts.
You must request an MVD hearing in writing within 10 days of your arrest and include the $25 fee or a sworn indigency form, or you lose your chance to challenge the revocation.

At the MVD hearing, the issues are narrow. The hearing officer mainly looks at:

Whether the officer had legal grounds to stop you and to arrest you.
Whether the hearing was scheduled within 90 days.
Whether you were properly advised of the consequences of refusing.
Whether the chemical test was done correctly and showed you at or above the legal limit.

How Long Can Your License Be Revoked?

Your license can be revoked separately under the Implied Consent Act and again if you are convicted of DWI in criminal court.

Administrative (Implied Consent) – age 21 and over, BAC at or above 0.08:

1st offense: 6 months if you fail the test.
1st offense: 1 year if you refuse the test.
2nd or later: 1 year whether you fail or refuse.

Administrative – under 21, BAC at or above 0.02:

1st and subsequent: 1 year for failing or refusing.

Criminal court DWI conviction:

1st offense: 1‑year revocation.
2nd offense: 2‑year revocation.
3rd offense: 3‑year revocation.
4th or later: lifetime revocation (with limited possibilities for relief).

For commercial driver’s license (CDL) holders, the consequences are even harsher:

1st DWI arrest or conviction can mean a 1‑year CDL disqualification.
2nd can mean a lifetime disqualification.

Ignition Interlock And Driving Legally Again

If your license is revoked, the only way to drive legally is usually to obtain an ignition‑interlock license and install an interlock device on every vehicle you drive. To get an interlock license, you must:

Provide proof of identity and proof of insurance or other financial responsibility.
Show a current ignition‑interlock contract listing your vehicle’s VIN and the provider’s signature.
Submit a notarized Affidavit for Ignition Interlock License and pay the MVD interlock license fee.

Low‑income drivers may qualify for help with installation and monthly interlock costs through the New Mexico Department of Transportation’s Traffic Safety Division, which can subsidize part of the fees if you show proof of certain public benefits.

Once you are on an interlock license, you must keep the device properly maintained and bring maintenance records on request. Driving any vehicle without an interlock while your license is revoked can lead to new criminal charges, more jail time, fines, and additional revocation.

Why A Private DWI Lawyer Matters At The MVD

Because the MVD hearing is separate from your criminal case, it is easy to miss deadlines or underestimate its impact. A private attorney like Max Pines can:

File a timely hearing request so you do not lose your license by default.
Analyze whether the officer had reasonable suspicion for the stop and probable cause for the arrest, and whether the test or refusal advisement followed the rules.
Subpoena the officer to testify and cross‑examine them about the stop, the field tests, the machine maintenance, and the breath‑test procedure.
Use testimony from the MVD hearing to strengthen your defense in criminal court or expose weaknesses in the state’s case.

Max has tried more than 20 DWI cases in his career, which means he knows how officers are trained, how breath and blood tests can go wrong, and how judges and juries react to different defenses. That trial experience translates directly into effective preparation and questioning at MVD hearings and in the criminal courtroom.

How Max Pines Law Can Help Protect Your License

If you have been arrested for DWI anywhere in New Mexico, Max Pines Law can help you:

Understand your exact revocation exposure based on your age, prior history, and whether you tested or refused.
Decide whether to fight the MVD revocation, and, if so, file the hearing request and prepare a tailored strategy.
Navigate ignition‑interlock and indigency applications so you can get legally back on the road as soon as possible.
Defend the criminal DWI case with the goal of reducing or avoiding a conviction that would trigger longer court‑ordered revocations.

A DWI does not have to mean automatic loss of your license, job, or future. Acting quickly—especially within the first 10 days—and getting experienced counsel can make all the difference in keeping you driving and protecting your record.