DWI/DUI License Revocation Hearing

Many clients are very surprised to learn that their license can be revoked even though they win their criminal DUI/DWI case.  In fact, the revocation under the Implied Consent Act is automatic if your breath alcohol score is .08 or above (.04 for commercial drivers, and .02 for minors).  In addition, many people are surprised to learn that their license is automatically revoked for refusal to submit to the breath alcohol test.   It does not matter that your case is later dismissed, or that you win at trial.  The revocation is automatic.

License Revocation Hearing

The only way to keep your New Mexico driver’s license is to request an MVD Revocation Hearing.  To do this, you must mail your request within 10 days of your arrest.  You must include payment of $25.00 with the request.  Failure to request the hearing within the 10 days or to include the $25.00 will again result in automatic revocation.

What Happens at the License Hearing?

If you properly request the hearing, your attorney can attend that hearing for you.  You do not have to attend.  These hearings are really a mere formality for the revocation of your license.    The only issues addressed at the hearing are:

1. Whether the officer had reasonable grounds to believe that you were driving while under the influence of drugs or alcohol
2. You were arrested
3. The hearing is set within 90 days of your arrest
4. You blew .08 on the breath alcohol test (.04 for commercial vehicles and .02 for minors) or you refused the test after being advised that refusal would result in automatic revocation of your license.

Standard of Proof in a Criminal DUI Case vs. a License Hearing

The standard of proof at the revocation hearing is extremely low.  Unlike the criminal court standard of “beyond a reasonable doubt”, the MVD hearing requires only a “preponderance of evidence” on the above stated elements.  What this means is that the officer(s) must merely show that you were more than likely driving while under the influence.  The rules of evidence and procedural protections are virtually non-existent allowing the police officers to present pretty much any evidence they choose.  These cases are rarely won due to the low standards and the lack of procedural and evidentiary protections for the defendant.

Sometimes these Cases Get Dismissed

So why bother with these hearings?  The officers sometimes do not show for the hearing.  If there is a stopping officer and a DWI/DUI officer, they must both be present at the hearing.  If either is absent, the case gets dismissed and you keep your license.  If they show up, then your attorney will have a nice visit with the police officers and a very good opportunity to interview them in preparation for your defense in criminal court where there are far greater evidentiary, procedural and constitutional protections for the defendant.

• This article is provided for informational purposes only. If you've been charged with a DUI or DWI, talk to Parish Collins, or a DUI Defense Attorney near you to discuss your options.

Parish Collins is an Albuquerque DUI/DWI Defense Lawyer Additionally, Collins and Collins,P.C. provides Criminal Defense and other types of legal services.