How to Get Your License Back After a DWI in New Mexico

Driving While Intoxicated (DWI) is a traffic-related offense in which a driver operates a vehicle while under the influence of drugs or alcohol. DWI offenders in New Mexico may face severe consequences, including losing their driver's license. Case in point: the New Mexico Motor Vehicle Division will suspend licenses of suspected offenders for specific timeframes.

Step 1: Know the Terms of Your Suspension

In New Mexico, DWI offenders will lose their driving privileges and license for a set period. The timeframe is often determined by the number of previous convictions, vehicle type, driver's age, and refusal to take a test. New Mexico's DMV and courts also set different suspensions for DWI offenses.

Step 2: Fulfill Court and DMV Requirements

In New Mexico, the courts and the Motor Vehicle Division are responsible for issuing penalties for DWI offenses. The MVD will temporarily suspend your driver's license after a DWI arrest. The suspension will hold for six months to one year under these conditions:

• Drivers fail to request a hearing within ten days of committing a DWI.
• The agency finds you guilty after an administrative hearing.

On the other hand, the court will conduct a criminal trial before ordering the MVD to suspend a convict's license. Court-imposed suspensions have different timeframes; first-time offenders may get a one-year suspension, while four-time offenders may lose their license for life.

Note: MVD suspensions are separate from court-imposed suspensions. Based on New Mexico's Implied Consent Law, the MVD may still revoke your license even if the court passed a not-guilty verdict on the DWI case.

Step 3: Complete a DWI Education or Treatment Program

Per New Mexico Statutes, DWI offenders must enroll in and complete a court-mandated DWI education or treatment program. The law also requires offenders to attend a DUI screening before enrolling in a program. This screening determines the most suitable program for the offender. The state's misdemeanor court compliance officers and licensed program providers are responsible for conducting DWI screening.

DWI programs in New Mexico may include the following:

• Traffic Safety Division DWI course.
• None for the Road DWI Awareness Program.
• Victim Impact Panels.

New Mexico DWI programs have different durations. Some may run throughout the license suspension. For instance, the traffic safety division course has a 12-hour duration.

The None for the Road DWI Awareness Program is compulsory for all first-time DWI offenders. To receive a certificate of completion, offenders must complete a two-hour exam. In contrast, the court may recommend the Traffic Safety Division course to first-time and repeat offenders.

These courses are available through DWI schools. The New Mexico Department of Transportation offers licenses and maintains a list of licensed DWI school providers in the state.

How to enroll in a DWI education or treatment program in New Mexico

1. Get a referral from the court that handled the case.
2. Submit the referral along with other necessary information to a licensed DWI program provider. Most New Mexico counties maintain online lists of DWI program providers.

The providers will charge fees, which may differ based on the program type and duration. For example, Colfax County residents must pay $175 for the 12-hour traffic safety division course.

Note: DWI offenders are generally required to provide a certificate of completion when applying for license reinstatement.

Step 4: Get SR-22 Insurance or Equivalent

The SR-22 certificate proves the bearer meets the minimum liability auto insurance. However, DWI offenders in New Mexico do not need an SR-22 insurance or an equivalent document before reinstating their license. Offenders may, however, experience higher auto insurance premiums due to their DWI charges.

Step 5: Pay Reinstatement Fees

DWI offenders in New Mexico must pay a $102 fee to reinstate their driver's license. The MVD requires the same fees regardless of their previous DWI convictions.

Offenders may pay reinstatement fees to the MVD online or offline. To use the agency's online payment portal, you must fill in the required data and pay via credit or debit card. You must visit any of these MVD locations to make an offline payment. The agency accepts cash, credit cards, and checks for offline-based payments.

Step 6: Submit Your License Reinstatement Application

Drivers may apply to reinstate their driver's license by following these steps:

1. Contact the MVD to ensure you meet the eligibility criteria.
2. Complete a Petition for Reinstatement form and gather these documents:
   1. Copy of a driving record. You may request the document from the MVD.
   2. Valid proof of identification.
   3. Certificate of completion for the DWI program.
   4. Proof of a written and road exam if the license suspension was over five years.
   5. Certificate of good moral conduct from people in your work or social
3. Create two copies of the above-listed documents and place them in separate stamped envelopes.
4. Send the original and copies to the district court clerk in your county of residence. The clerk may require a filing fee.
5. Ask the clerk to stamp the copies and send one to the Motor Vehicle Division at:
   Taxation and Revenue Department
   Legal Services Bureau
   DWI-Legal Section
   Post Office Box 630
   Santa Fe, NM 87504-0630

What If You're Denied License Reinstatement in New Mexico?

Per Section 39-3-1.1 NMSA 1978, offenders may file an appeal with the district court if the MVD denies their reinstatement application for a driver's license. The law requires them to file an appeal for a hearing within ten days of receiving the denial. Upon receiving the appeal, the court will set up a hearing to review submissions from concerned parties.

Note that the agency may refuse your reinstatement request under these conditions:

• There are unpaid fees or fines.
• The applicant has not completed the court-mandated program.
• The applicant did not install an ignition interlock device for at least six months.

Hardship Licenses: Driving with Limited Privileges

New Mexico's Motor Vehicle Division offers ignition interlock licenses to eligible DWI offenders. The permit allows offenders to drive to court-approved locations, such as work, school, or DWI schools.

DWI offenders may apply for an ignition interlock license by following these steps:

1. Install an ignition interlock device in the vehicle you want to use.
   1. Gather these documents:
   2. A valid proof of identification.
   3. Proof of financial responsibility, such as a vehicle liability insurance policy.
2. A completed and notarized Affidavit for Ignition Interlock License.
3. Include a $62 fee for the license.
4. Submit the documents to the nearest MVD location.

How Long Does It Take to Get Your License Back After a DWI?

In New Mexico, drivers are generally eligible to reinstate their license after the suspension ends. However, the time it takes to get a license will depend on the case's specifics. For instance, first-time offenders may apply for reinstatement after the six-month suspension ends. The DMV will only reinstate the license of eligible applicants. Eligible applicants must have paid the required fees and completed the court-mandated programs.