Implied Consent Hearings

Protecting your driving privileges after a DWI arrest in New Mexico.

Following a DWI arrest in New Mexico, the Implied Consent Act allows the Motor Vehicle Division (MVD) to revoke your driver's license. At The Law Office of Jedidiah Glazener, LLC, we represent clients in MVD Implied Consent Hearings, aiming to safeguard your driving privileges and ensure due process is upheld.

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The Implied Consent Act mandates that drivers submit to chemical tests when suspected of DWI.

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Drivers have the right to request a hearing to contest the revocation within ten days of arrest.

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Refusal to undergo testing can lead to automatic license revocation by the MVD.

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An effective defense at the hearing can prevent license suspension and maintain driving privileges.

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Navigating the Implied Consent Hearing Process

Under New Mexico's Implied Consent Act, drivers arrested for DWI must submit to chemical tests. Refusal or failure can result in license revocation. To contest this, a hearing request must be filed within ten days. At The Law Office of Jedidiah Glazener, LLC, we guide clients through this process, providing representation during MVD hearings.


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The MVD hearing is separate from the criminal DWI case. It's an administrative process focusing solely on your driving privileges. Our firm ensures your rights are protected throughout.


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Timely action is crucial. Failing to request a hearing within ten days leads to automatic license revocation. We assist in promptly filing necessary paperwork to contest the suspension.


mvd.newmexico.gov

3,533

In FY2019, the Administrative Hearings Office conducted 3,533 Implied Consent Act-DWI hearings.


New Mexico Legislature

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Drivers have ten days from the date of arrest to request an MVD hearing.

New Mexico Motor Vehicle Division

Adult drivers refusing a chemical test face a one-year license revocation under the Implied Consent Act.


New Mexico Motor Vehicle Division

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Frequently Asked Questions about MVD Implied Consent Hearings

Understanding the Implied Consent Hearing process is vital for those facing DWI charges in New Mexico. Below are common questions and answers to guide you.

  • What is the Implied Consent Act in New Mexico?

    The Implied Consent Act stipulates that by driving in New Mexico, you consent to chemical tests if suspected of DWI. Refusal can lead to license revocation and other penalties.


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  • How do I request an MVD hearing after a DWI arrest?

    You must submit a Request for Hearing form to the MVD within ten days of your arrest. This form is available on the MVD website.


    mvd.newmexico.gov

  • What happens if I miss the ten-day window to request a hearing?

    Failing to request a hearing within ten days results in automatic license revocation. It's crucial to act promptly to preserve your driving privileges.


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  • Is the MVD hearing part of my criminal DWI case?

    No, the MVD hearing is an administrative process separate from the criminal case. It focuses solely on your driving privileges.


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  • Can an attorney represent me at the MVD hearing?

    Yes, having an attorney can be beneficial. They can help navigate the process, present evidence, and advocate on your behalf to protect your driving privileges.

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