New Mexico DUI License Revocations Hearings Procedure Gets a Change

In an effort to prevent drunk driving license hearings from being dismissed, New Mexico has adopted a new court procedure that permits police officers to file an affidavit instead of having to appear at the hearing.  

When an individual is arrested for drunk driving in New Mexico, he or she must appear at an administrative license review hearing with the New Mexico Motor Vehicle Department.  This hearing is the driver's chance to contest the suspension of his/her driver's license, which will be suspended the moment he/she is arrested for DUI or DWI.  In the past, the arresting officer needed to be present at these hearings.  If the arresting officer did not show up, the hearing would be dismissed, and the driver would get to keep his/her license.

In 2007, more than 200,000 people arrested for DUI or DWI were able to keep their driver's licenses because the officer involved in the case did not show up for the hearing.

The new court procedure allows police officers to submit affidavits to the court in lieu of showing up for the hearing. The affidavit will state all the facts surrounding the arrest and any evidence that proves the driver was under the influence.

Police officers seem to favor the new procedure, as it allows them to stay on the beat and tend to emergencies and other important matters, while at the same ensuring that drunk driving offenders are still tried for their actions. However, in some situation police officers can still be subpoenaed if it is beneficial to the hearing.

The new procedure will start taking effect in January 2009 in Bernalillo County and San Juan County. If the program is successful it could become state-wide standard procedure for MVD hearings in New Mexico.

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