What Happens to Your Driver’s License After a DWI in New Mexico? Here’s What You Need to Know
If you’ve been charged with a DWI, one of your biggest concerns is probably your driver’s license. Can you keep it? How long will it be suspended? What happens if you need to drive to work?
At Victor Titus Law Firm in Farmington, we help people every day who are facing DWI charges and are overwhelmed by confusing rules from the Motor Vehicle Division (MVD). Below is a clear guide to what happens to your license—and how we can help you get back on the road.
DWI in New Mexico: Two Processes, Two Penalties
It’s important to understand that every DWI case has two parts:
The criminal case, which happens in court
The civil/administrative case, handled by the MVD
These are separate and can have different outcomes—even if one goes away, the other might still impact your driver’s license.
What the MVD Looks At
First, you must request a hearing with the MVD and pay a fee to secure your license during this process. In your administrative MVD hearing, the officer only has to prove four things:
They had reason to believe you were driving under the influence
You were arrested
The hearing happened within 90 days of the arrest
You either refused a breath test or your test results were over the legal limit (.08 for adults, .04 for CDL holders, .02 for minors)
How Long Can You Lose Your License?
Here’s what you’re looking at for a revocation period in New Mexico:
Implied Consent (Civil Revocation)
Refusing the test (adult or juvenile): 1 year
Failing the test, first offense: 6 months
Second or later offense: 1 year. The length of revocation goes up with each subsequent offense.
Criminal Convictions
Criminal convictions also result in a revocation of your driver’s license, even if you win the MVD hearing. The penalties for criminal convictions are as follows:
1st offense: 1 year
2nd: 2 years
3rd: 3 years
4th or more: Lifetime revocation
Can You Get an Interlock License?
Yes. Even if your license is revoked, New Mexico law allows you to apply for an Ignition Interlock License. This lets you drive legally if you:
Install an interlock device in your vehicle
Show proof of insurance
Maintain a clean driving record with the device for at least six consecutive months
Important: If your license lapses or you downgrade to a regular ID, your six-month clock resets and you may have to do more time with your interlock installed. Do not have the interlock taken out of your vehicle until the MVD gives you permission to do so.
Getting Your License Back
Once your revocation period ends, here’s what you’ll need to do:
Drive with an interlock license/device for six months with no violations immediately prior to getting your regular driver’s license.
Pay a reinstatement fee
Possibly retake your written and driving tests (if revoked for more than 5 years)
If you’re under a long-term or lifetime denial, you’ll need to petition a district court to restore your license
Special Situations
Already moved out of state?
You still have to pay the reinstatement fee if you want a clean driving record.
Was your offense reduced in court?
MVD doesn’t go by court reductions. It only looks at how many DWIs are on your record.
Judge said it would be dismissed later?
A DWI conviction stays on your MVD record even if the court defers and later dismisses the case. Once you plead guilty or are found guilty, it’s on your record. This includes convictions in all states and reservation courts if they report to the national registry.
Need to fix an error on your record?
You can request a document review by mailing your info to:
New Mexico MVD, P.O. Box 1028, Santa Fe, NM 87504-1028 (Attn: Document Review)
No fee required.
Time Limits and Appeals
You must request your MVD hearing within 10 days of receiving the Notice of Revocation and pay the required fee with your request.
While waiting for the hearing, you may continue driving unless other suspensions apply. The Notice of Revocation given to you by the arresting officer is your license until the decision following the MVD hearing.
Let Us Help
Trying to sort through all of this alone can feel impossible. At Victor Titus Law Firm, we’re here to help you understand your rights, defend your case, and guide you through both the criminal and administrative DWI processes.
If your license is at risk—or if you’ve already lost it—contact us now at (505) 326-6503 for a free consultation. Let’s talk about how we can help you get back on the road and move your life forward.