Drunk Driving Laws

Even good people make mistakes from time to time. Driving under the influence (DUI) is one such mistake, one that can have an impact on your life for many years to come.

If you’re charged with DUI in Albuquerque, you’ll face a range of serious punishments and penalties depending on the nature of the offense and your criminal background.

Penalties for DUI in New Mexico

Previous offenses play a significant role in the type and severity of penalties you face for DUI:

  • Jail Time

First offenses are punishable by up to 90 days in jail. Those convicted of second offenses may receive 96 hours to 364 days. Jail terms for third and subsequent offenses range from 30 days to 364 days.

  • Fines

If you’re convicted of a first offense, you’ll be faced with a maximum fine of $500. Fines for second offenses range from a mandatory $500 to $1,000. Upon the third offense, fines range from a mandatory $750 to $1,000.

  • License Revocation

If you refuse chemical testing, your license will be automatically revoked for one year. If it’s your first offense and your blood alcohol concentration (BAC) is over the legal limit of .08%, your license will be immediately taken by law enforcement and revoked for six months. If it’s your second or subsequent offense, your license will be revoked for one year. Once your license is reinstated, you may be required to install an ignition interlock device.

  • Substance Abuse Programs

The results of your mandatory substance abuse screening will determine what type of program you must participate in. All those convicted of DUI will be required to take a DUI educational course, while others may be required to attend in-patient treatment for 28 days.

Aggravated and Underage DUI

Drivers face more serious penalties if their BAC was .16% or higher at the time of their arrest, or if they caused injuries to others while driving under the influence. Aggravated DUIs receive mandatory jail time based on the number of previous offenses. First offenses receive a mandatory 48-hour jail term, second offenses receive a 96-hour term, and third offenses receive a 60-day jail term.

Underage drivers are subject to a lower legal BAC limit of .02%, as opposed to .08% for drivers who are the legal drinking age. Those under the age of 21 caught drinking and driving will lose their driving privileges for one year.

Legal Help Is Essential When Faced with DUI

Securing skilled legal counsel during your DUI case is a must to ensure your rights are protected. In Albuquerque, Simon A. Kubiak, Attorneys at Law, PC has assisted numerous clients get their lives back on track after a DUI conviction.

Our skilled team of attorneys and legal professionals will review the facts of your case to ensure you were treated fairly and justly by law enforcement. We’ll also work to reduce the charges against you using our expansive legal knowledge and experience.

Call 505-998-6600 today to schedule a consultation with our law firm. If you have questions, feel free to contact us for more information. We’re known for providing dedicated, aggressive defenses for DUI cases, and we look forward to doing the same for you.

When you get cited, we go fight it!

Contact us Today

If you have questions about our legal services, feel free to get in touch with us right away. We quickly respond to all calls because we understand there is little time for delay when it comes to getting you the representation you need. For your convenience, we also have Spanish-speaking attorneys.


Suite 1A, 1121 4th Street NW, Albuquerque, NM 87102