If you have been arrested for driving under the influence of alcohol or drugs (DUI), you need the help of the criminal defense team at Simon A. Kubiak, Attorneys at Law, PC. When involved in your case right after arrest, we have the best chances of helping you keep your record clean and avoiding fines and penalties for DUI conviction.
How Your DUI Arrest May Affect Your Defense
In order for a DUI arrest to be Constitutional, two conditions must have been present:
- Reasonable cause
Law enforcement must have a justifiable reason to stop a driver on New Mexico roadways, such as:
- Traffic violation
- Erratic driving
- Report of suspected drunk driving from a concerned party
DUI checkpoints are problematic as their implementation may constitute a rights violation.
- Reasonable suspicion
Once you are stopped, a law enforcement officer must have a reason to suspect you have been drinking to warrant a vehicle search and/or request for chemical testing.
If investigation shows that law enforcement did not have reasonable cause or suspicion, you may have grounds to have DUI charges dismissed.
If these conditions were present, then your attorneys will execute other DUI defense strategies, which may include investigation of the evidence collected and the instruments used to collect it.
What Happens after a DUI Arrest
In addition to being the starting point for your DUI defense, your arrest is an important date as it signals the start of the MVD administrative process to reinstate your license and the criminal justice process.
Administrative DUI Process Overview
At the time of your arrest, the law enforcement officer will give you a Notice of Revocation. You have 10 days from the date of that notice to request a hearing with the MVD. Failure to request a hearing will result in automatic revocation of your driving privileges after your 20-day temporary license (the Notice of Revocation) expires.
If you drive on a suspended or revoked license, you face significantly more expense and hassle to restore your driving privileges.
Criminal Justice Process Overview
Upon release from your DUI arrest, you will be given a date for your arraignment—the hearing at which you will either be excused or formally charged with DUI. If you are charged, your arraignment starts the clock on a number of timelines. Missed deadlines by the prosecution create opportunities for your defense. Missed deadlines by you may forfeit opportunities to have your charges reduced or dismissed.
Having an experienced DUI defense attorney makes both the administrative and criminal justice processes easier. Your attorney may appear on your behalf at hearings and conferences, sparing you the inconvenience and expense associated with missed work and additional childcare costs.
Better DUI Defense in Albuquerque
The key to a strong DUI defense is to find the right attorney after your arrest. When you choose Simon A. Kubiak, Attorneys at Law, PC, you get two attorneys—a strategist and a trial expert—working together to protect your rights and your future.
Call us today to schedule your free initial consultation.