Form Mvd - 10456 - Affidavit For Ignition Interlock License Page 2
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4Chapter 13 Section H
Section H: DWI Unit Frequently Asked Questions (FAQs)
Revised October 8, 2015
The most common misconception is that the criminal and civil actions are the same. Every DWI has two sides:
the civil side, which is the Motor Vehicle Division administrative action and the criminal conviction which is
through the courts.
In our administrative hearing, the law enforcement officer has only four points to prove:
1.
that the law enforcement officer had reasonable grounds to believe the driver was driving a motor
vehicle while under the influence of intoxicating liquor;
2.
whether the person was arrested;
3.
whether the administrative hearing was held no later than 90 days after the notice of revocation;
and that
4.
either: a) the person refused to submit to the test upon request of the law enforcement officer; or
b) a chemical test was administered and the test results indicated an alcohol concentration of .08
or more for a person 21 years of age or older, .04 or more if the person is a Commercial Driver
License holder or .02 or more if the person is less than 21 years of age.
By statute (Sections 66-8-107 through 66-8-112 and 66-5-29 NMSA 1978), all of this information is available
for review.
How long is the DWI license revocation period?
Effective June 17, 2005:
Implied Consent
• Adult Refusal – One year
• Adult 1st Offense – Six months
• Adult 2nd and Subsequent Offense – One year
• Juvenile – One year
Criminal
•
1st Offense – One year
•
2nd Offense – Two years
•
3rd Offense – Three years
•
4th and Subsequent Offense – Lifetime
What do I need to do to reinstate my driver’s license once my revocation period is over?
Per New Mexico state statute 66-5-33.1 B 4 NMSA 1978, the driver must have “a minimum of six months of
driving with an ignition interlock license with no attempts to circumvent or tamper with the ignition interlock
device”. The New Mexico Motor Vehicle Division interprets this to mean a consecutive six months with no
break in service or license status. After the interlock license is issued, if a failure to appear in court violation,
a parental responsibility violation, an unpaid citation violation or any other offense that would invalidate the
driving privileges is placed on the driving record, the six month period would restart again on the date the
driving privileges are restored.
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