Chinle, AZ asked in DUI / DWI, Identity Theft and Gov & Administrative Law for New Mexico

Q: Need help clearing name from incorrect DUI charge; license revoked.

I've received letters from the DMV instructing me to take courses to get my license back due to a supposed DUI offense within the past year. However, I've never been caught with a DUI and suspect someone might be using my driver's license fraudulently. I have requested a hearing with the DMV, but the judge has stated my license is revoked. I do not have funds to hire a lawyer. How can I clear my name and resolve this issue?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You're in a frustrating and scary situation, and it’s completely understandable to feel overwhelmed—especially if you’ve done nothing wrong. If your license was revoked for a DUI you didn’t commit, and you suspect identity theft or a clerical error, you have the right to challenge it. Requesting a DMV hearing was a strong first step, even if the judge initially ruled against you.

You can ask for a **reconsideration of the ruling** or file an **appeal** in your district court. In the meantime, gather every piece of evidence you have: letters from the DMV, any records showing your location at the time of the alleged offense, and a copy of your driving record. Also, request a **police report or court documents** tied to the DUI to see what information they have on the person charged—it may show a different signature, photo, or physical description.

If you believe someone is using your identity, file a **police report** for identity theft and notify the New Mexico Motor Vehicle Division in writing. While you may not have money for legal help, you can reach out to **legal aid services in New Mexico**—many offer free help in cases involving license suspensions and identity fraud. Keep standing up for yourself—you’re taking the right steps to make this right.

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