REASONS FOR DRIVER’S LICENSE SUSPENSIONS IN NEW MEXICO

There are a variety of reasons why your New Mexico driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The following are some of the most common reasons for a New Mexico driver’s license to be suspended or revoked.

• Excessive Moving Violations: The state of New Mexico operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 12 or more points within 1 year, your license will be suspended. If you have accumulated 7 to 10 points within 1 year, and the MVD receives notification from a municipal or magistrate judge that your license should be suspended, it will be for 3 months.
• Driving Under the Influence: Your New Mexico driver’s license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. The length of the suspension depends on the severity of the violation and whether it is a first or repeat offense. It is illegal to drive in New Mexico with a blood alcohol content (BAC) of 0.08% if you’re over 21 and 0.02% if you’re under 21. Consuming and possessing liquor if you are under 21 is illegal in New Mexico. If you are caught under DUI or in possession of liquor (if you’re below 21), your license will be suspended for 1 year. You can be arrested even if your BAC is below the legal limit if the officer concerned is convinced that you were not driving the vehicle properly due to alcohol or drugs. Penalties for DUI conviction are severe. They involve serving time in jail for a year and a half, fines up to $5,000, paying court fees, doing compulsory community service for up to 48 hours, license revocation for 1 year and paying the reinstatement fee of $100. Subsequent offenses carry a jail sentence of 6 months and a fine of $750. Both these penalties are obligatory. A 4th offense of DUI is considered a felony. You can also serve time in jail for up to 60 days if you refuse the chemical test, if your BAC is 0.16% or higher or if you injure a person while intoxicated. More information on DUI and its penalties can be found here.
• Driving with a Suspended License or No License: Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to 5 years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.
• Driving without Insurance: All motor vehicles driven in New Mexico must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Other Driving Related Violations: Your New Mexico driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway. Other reasons include speeding, not wearing a seat belt, running to stop sign, failure to yield, leaving the scene of an accident without giving aid, giving false information when you are applying for a license, not settling financial damages against a motor vehicle when you have been involved in a accident with that vehicle, altering your license, using your license illegally, using someone else’s license to buy liquor, not appearing for a re- examination when asked to do so by the MVD, allowing someone else to lose your license, using a motor vehicle to commit a crime, vehicular homicide or manslaughter.
• Physical or Psychological Disqualification: The Motor Vehicle Division can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension: A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a Motor Vehicle Division notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support.

ACTIONS TO TAKE IF YOUR NEW MEXICO DRIVER’S LICENSE IS SUSPENDED

Having your New Mexico driver’s license suspended is a serious matter and it is essential to adhere to State law in the event that your license is suspended. If you believe your license may be suspended due to one of the reasons listed above it is prudent to speak with a traffic ticket lawyer or a DUI-DWI lawyer. The most important things to be aware of following a license suspension are:

• If your license has not already been taken away from you in court, you must surrender it to the New Mexico Motor Vehicle Division. You can surrender your license in person at a MVD Field Office, or mail it to:

Motor Vehicle Division

Joseph Montoya Building

P.O. Box 1028

1100 South St. Francis Drive

Santa Fe 87504-1028

• While your license is suspended, you are not permitted to drive. If you are found driving with a suspended license, you may be imprisoned for up to 5 years, and the length of your suspension may be increased.
• After your suspension is over, you will receive a written notice of restoration, with instructions on how to restore your license. Do not drive until you have completed the necessary steps and received a valid, replacement license from the New Mexico MVD.
• You can also apply for a hardship license if you need to drive to work, school or to receive medical treatment. The fee is $45. If you have been convicted of vehicular homicide, you will not be eligible for this license.

CHECK YOUR DRIVER’S LICENSE STATUS

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

NEW MEXICO SUSPENSION HEARINGS & APPEALS

If you receive a suspension notice from the MVD, and you wish to challenge the suspension, you may request a hearing in court. You can request hearings for license revocation for violation of implied consent, license suspension for failure to pay your child support payments, and other disputes related to the MVD. To request a hearing, you must complete a Request for Hearing (Form MVD10792) and mail it to:

New Mexico Motor Vehicle Division
Driver Services Bureau

1100 South St. Francis Drive, Room 2092

P.O. Box 1028

Santa Fe, NM 87504-1028

If you are appealing an implied consent revocation, you must include a check or money order for $25. An administrative law judge or an MVD Chief Administrator will hear your case, and determine whether your driver’s license should be suspended or not. In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program may remove points from the current driving record, and in some cases can enable an individual to avoid having his license suspended. It is also a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension.

REINSTATE YOUR NEW MEXICO DRIVER’S LICENSE

You will receive a notice from the MVD after you have completed your suspension period. The notice will include complete instructions regarding how to get your license back. Generally, you will need to:

• Taking a driver improvement course approved by the Traffic Safety Bureau (TSB).
• Taking any applicable tests.
• If you’ve been convicted of a DWI, you can have to complete a TSB-approved DWI Prevention and Education Program.
• Pay a restoration fee (and any other related fees). The fee can be paid in person at a MVD Field Office. You can also mail a check or money order payable to the MVD at: Motor Vehicle Division

Joseph Montoya Building

P.O. Box 1028

1100 South St. Francis Drive

Santa Fe 87504-1028

• Apply for a standard license renewal to obtain a new license.

Note that after your license is restored, you may be subject to a probation period during which any new violations may result in an additional suspension of your New Mexico driver’s license.

To learn more about your reinstatement requirements, contact the MVD at (888) 683-4636.

REINSTATE YOUR NEW MEXICO DRIVER’S LICENSE DUI/DWI

Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the a drug or alcohol assessment program or Bureau approved DWI school or a comparable program (the agency will send the proof to the MVD once you have completed the program or you will have to provide it), pay the reinstatement fee of $100, and maintain proof of financial responsibility for the appropriate period from the date of suspension/revocation by filing SR-22.
• If you are being convicted, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive for 1 year if you are convicted for the 1st time, for 2 years if you are convicted for the 2nd time, for 3 years for if you are convicted for the 3rd time and for your lifetime if you are convicted for the 4th and subsequent time.

You can submit the reinstatement application and fees in person at a MVD office near you.

COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN NEW MEXICO

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Your New Mexico commercial drivers license (CDL) can be suspended whether you violate traffic laws or commit crimes in New Mexico or out of state. Additionally, Your CDL may be disqualified for violations committed in both commercial and non-commercial vehicles. If you are convicted of traffic violation, you need to notify your employer within 30 days. If your license is suspended, revoked, cancelled, or your driving privileges are disqualified, you must notify them within 2 business days.

Depending on your offense, you may face both state and federal suspensions and charges, and your CDL may be suspended or revoked for 60 days to life. If you hold a CDL, you can have your license suspended for any of the violation types:

Major Offenses:

State and federal law lists the following as major offenses:

• Driving with an illegal blood alcohol limit (0.04% in a CMV).
• Refusing to take a test for blood alcohol when asked (violating implied consent laws).
• Leaving the scene of an accident.
• Using the commercial vehicle to commit a felony, including the manufacturing and distributing of a controlled substance: lifetime disqualification.
• Negligent CMV operation that results in a
• Operating a commercial vehicle while you have a disqualified, suspended, or revoked commercial driver’s license: Doing so will result in fines and jail time, even for employers who allow their employees to drive without valid CDLs.

Major Offense Penalties:

• 1st violation: 1 year.
• 3 years if transporting hazardous materials at the time.
• 2nd violation: Lifetime disqualification.

Major violations occurring in a non-commercial vehicle will result in the same disqualifications as those occurring in a CMV.

Serious Traffic Violations:

• Excessive speeding or reckless driving.
• Improper lane changes.
• Following vehicles too closely.
• Causing a fatal accident through the violation of any motor vehicle traffic control law (other than a parking violation).
• Operating a CMV when you don’t have a CDL, a CDL on your person, without the proper CDL endorsements.

Serious Traffic Violation Penalties:

Your CDL will be disqualified after your:

• 2nd violation within 3 years: 60 days.
• 3rd violation within 3 years: 120 days.

Railroad Crossing Violations:

Railroad highway grade crossing violations include, but are not limited to:

• Failing to slow down and check that the tracks are clear.
• Failing to stop when required.
• Driving across the tracks when there is not sufficient space for the CMV.
• Crossing the tracks when you don’t have sufficient undercarriage clearance.

Railroad Crossing Violation Penalties:

• 1st violation: At least 60 days.
• 2nd violation within 3 years: At least 120 days.
• 3rd violation and any subsequent violations within 3 years: At least 1 year.

Out-of-Service Violation Penalties:

If you violate an out-of-service order, you can lose your CDL privileges for the following time periods:

• 1st offense: 90 days.
• 2nd offense in 10 years: 1 year.
• 3rd offense in 10 years: 3 years.

NEW MEXICO CDL SUSPENSION HEARINGS & APPEALS

New Mexico allows drivers to appeal certain driver’s license suspensions, including disqualifications for violation of New Mexico’s implied consent laws. To request a hearing, you must complete a Request for Hearing (Form MVD10792) and mail it to:

New Mexico Motor Vehicle Division

Driver Services Bureau

1100 South St. Francis Drive, Room 2092

P.O. Box 1028

Santa Fe, New Mexico 87504-1028

If you are appealing an implied consent disqualification, you must include a check or money order for a $25 fee. (You may not send cash.)

REINSTATE YOUR NEW MEXICO CDL 

In order to reinstate your CDL, you may have to fulfill requirements given to you by the MVD and/or court. Reinstatement requirements may include:

• Waiting for your CDL suspension period to expire.
• Paying a reinstatement fee.
• Paying any applicable fines related to your offense.
• Taking any alcohol or drug treatment programs required by the court.
• Applying for a new NM CDL.

To learn more about your reinstatement requirements, contact the MVD at (888) 683-4636.

FEES TO REINSTATE YOUR NEW MEXICO CDL

In order to reinstate your CDL, you will need to pay a reinstatement fee. These fees are separate from any penalties associated with your offense. For more information about your fee, contact the MVD at (888) 683-4636.