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Your MVD Case When you are arrested for DWI, law enforcement will provide you with a document entitled "Notice of Revocation." You have ten days from the date of that notice to request a hearing regarding the administrative revocation of your license. Your hearing will be held within 90 days of your notice, and in most cases will be scheduled very close to the 90 day deadline. In Albuquerque, these hearings are held at the Albuquerque Police Department. In other cities they are held in MVD satellite offices or at law enforcement facilities. The hearings are conducted by MVD hearing officers. The State must first prove its case against the driver, usually done through direct officer testimony. Legal counsel for the driver then has the opportunity to cross examine the officers and to put on testimony or offer other evidence. These hearings are informal, and the rules of evidence do not apply. The State must only meet its burden by a preponderance of evidence, rather than beyond a reasonable doubt as in criminal cases. The issues at an MVD hearing are limited to the following: (1) whether the law enforcement officer had reasonable grounds to believe that the person had been driving a motor vehicle within this state while under the influence of intoxicating liquor or drugs; (2) whether the person was arrested; (3) whether this hearing is held no later than ninety days after notice of revocation; (4) whether: (a) the person refused to submit to a test upon request of the law enforcement officer and; (b) the law enforcement officer advised that the failure to submit to a test could result in revocation of the person's privilege to drive; or (5) whether: (a) the chemical test was administered pursuant to the provisions of the Implied Consent Act; and (b) the test results indicated an alcohol concentration in the person's blood or breath of eight one hundredths or more if the person is twenty-one years of age or older, four one hundredths or more if the person is driving a commercial motor vehicle or two one hundredths or more if the person is less than twenty-one years of age. |