Drunk Driving Offense

Not all drunk driving offenses are created equal. New Mexico recognizes several levels of the offense and has specific punishments for each. For this reason, it is essential that you understand the charges against you so that you can better know what to expect in terms of possible consequences. The DUI defense lawyers at Simon A. Kubiak, Attorneys At Law, PC, are prepared not only to help you better understand your charges but also, to build a strong defense against them.

Types of DUI Offenses in New Mexico

New Mexico categorizes drunk driving offenses in one or several of 11 different ways. The first seven simply have to do with how many prior DUI/DWI offenses a person has on his or her record. A first offense is a simple DUI, as are the second and third so long as there exists no aggravating factors. DUIs four and five are fourth-degree felony DUIs; six and seven are third-degree felony DUIs; and the eighth and subsequent offenses are second-degree felony DUIs. If charged with a misdemeanor or felony DUI, you may face additional alcohol-related charges:

    Aggravated DUI: The state may charge you with an aggravated DWI if your BAC at the time of arrest was .16 or higher; if you refused to submit to the breath test; or if you caused bodily injury as a result of driving under the influence. An aggravated DWI carries a mandatory minimum of two to 60 days of jail time, depending on how many prior offenses you have on your record.
    Driving With Revoked License for DWI: If you were caught driving while on a revoked license, which is the result of a prior DUI conviction, you face an additional license revocation period, an addition seven days to one year in jail, additional fines of between $300 and $1,000 and 30 days of immobilization.
    Selling or Giving Alcohol to a Minor: Knowingly selling/giving/serving alcohol to a minor is a fourth-degree felony, as is permitting a minor to consume alcohol.
    Underage DUI: Though New Mexico does not recognize underage DUI as a separate crime, it does allow an officer to arrest a minor who has a BAC of .02% or greater.

If charged with one of these separate drunk driving offenses, you face the associated penalties in addition to the consequences of a DUI conviction.

Aggressive Legal Representation Is a Phone Call Away

Because of the severity of the DWI/DUI problem in New Mexico, the state is unlikely to cast defendants the benefit of the doubt. If you want to avoid the consequences of a drunk driving offense, your best bet is to call into question the state’s processes and procedures and the drunk driving arrest itself. The DWI defense lawyers at Simon A. Kubiak, Attorneys At Law, PC are familiar with the best defenses and are prepared to go to bat for you in negotiations and, if necessary, trial. To explore your options to freedom, contact our Albuquerque DUI defense firm today.

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