ALBUQUERQUE, N.M. (KRQE) – An ongoing public corruption scandal has put extra scrutiny on how DWI cases are handled in the courts. One way cases can get dropped is when officers fail to show up to a criminal hearing. KRQE Investigates uncovered another way accused drunk drivers have been getting a free pass. It involves what officers were doing outside of the courthouse, and the problem is widespread.
Accused DWI drivers back on New Mexico roads after officer no-shows
When a driver is arrested for DWI and refuses a breathalyzer, or tests at or above the legal limit, New Mexico law says the driver’s license should be revoked. “Your license gets revoked within 20 days unless you ask for a hearing, in which case your license remains valid until the date of the hearing,” explained Sen. Antonio ‘Moe’ Maestas. “So the government has to have a hearing to take your license away.”
What is a driver’s license revocation hearing?
In an administrative license revocation hearing, an arresting officer explains the DWI arrest he or she made to an Administrative Hearing Officer. A driver’s defense attorney can then cross-examine the officer. If the hearing officer agrees there’s probable cause, the driver’s license is revoked under New Mexico’s Implied Consent Act.