DWI-Implied Consent Act License Revocation Hearings
Under the Implied Consent Act, the State of New Mexico Taxation and Revenue Department, Motor Vehicle Division ("MVD") seeks to revoke the driving privileges of any person arrested for D.W.I. and served a notice of revocation. Upon timely filing a request for hearing with MVD, under the Implied Consent Act a driver is entitled to have a fair administrative hearing before the Administrative Hearings Office to determine whether the proposed revocation of the person’s driving privileges is sustained (license revoked) or rescinded (proposed license revocation dismissed). The administrative hearing process under the Implied Consent Act is separate and distinct from the criminal D.W.I. case. This page provides a FAQ about the hearing process, links to the statutes and regulations governing the hearing process, and links to useful forms/motions that may be submitted in an Implied Consent Act case.
FAQ (Summary of Hearing Process)
Statutes and Rules
Mexico Implied Consent Act, NMSA 1978, Section 66-8-107 through 66-8-112New Mexico Administrative Hearings Office Act
Pertinent Regulations
22.600.6 NMAC IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS22.600.1 NMAC GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES
22.600.2 NMAC CODE OF CONDUCT FOR ADMINISTRATIVE HEARINGS
Forms
Request a Continuance-ICA HearingUse this form if you have a date or time conflict with your scheduled hearing.
Request to Appear at hearing remotely by telephone or videoconference at ICA Hearing
Change of Address Form-ICA Hearing
Use this form to change your address of record with the Administrative Hearings Office. This form does not change your official driver’s license address with MVD.
Entry of Appearance-ICA Hearing
If you hire an attorney, the attorney can use this form to inform the Administrative Hearings Office that he or she represents you in the matter.
Request for Hearing Form
Subpoena
If you want to subpoena a witness to appear at your hearing, please fill in the subpoena template and submit it to the Administrative Hearings Office for signature.
Withdrawal of Request for Hearing
To be filed if you no longer wish to contest MVD's proposed revocation of your driving privileges and want the hearing cancelled with an order issued revoking your license.
Request for Hearing Audio