DUI Charges

A momentary lapse of judgement may have lasting effects if you’re charged with a DUI. From the very first offense, a DUI charge incurs major penalties, including fines and jail time.

Defending against DUI charges, and the havoc they wreak on your life, requires a knowledgeable and compassionate legal team. In Albuquerque, Simon A. Kubiak, Attorneys at Law, PC will diligently defend your rights, whether it’s your first or fourth offense. We understand DUI laws, and we’ll launch an aggressive defense on your behalf to seek the best possible outcome for your case. 

Penalties for Driving Under the Influence

The more offenses you have on record, the more serious the penalties you’ll face. If convicted of DUI, you may be subject to:

  • Jail Time
  • Fines
  • License Revocation
  • Substance Abuse Screening
  • In-Patient Alcohol Treatment

In addition to the above penalties, you may also be required to install an ignition interlock device on your vehicle. These devices require drivers to perform a breath test before their vehicle can be started. You will be responsible for all costs associated with the ignition interlock device, including fees for installation and maintenance. 

DUI vs. Aggravated DUI

Aggravated DUIs incur harsher penalties based on the situation surrounding your arrest. You’ll be charged with aggravated DUI for three reasons: having a blood alcohol concentration (BAC) of .16% or higher, causing bodily injury to another person, or refusing to take a breath test. All New Mexico drivers are beholden to implied consent laws, which means you consent to chemical testing when requested by law enforcement.

How to Defend Against DUI Charges

Law enforcement is obligated to perform breath and field sobriety testing correctly to ensure an accurate result. For example, breathalyzers must be maintained and calibrated according to manufacturer specifications, or the readings provided by the device can be called into question. When it comes to field testing, results can sometimes be skewed if a person has a medical condition that affects balance or vision.

Even if your arrest was conducted according to the law, an attorney can still work to get charges against you reduced. A reduction of charges can also impact the penalties you face, whether that means decreased jail time, lower fines, or a shorter license revocation period.

When you’re arrested for DUI, you need an attorney to help you navigate the process. Our team at Simon A. Kubiak, Attorneys at Law, PC  will diligently defend your rights so you can put this unfortunate experience behind you.

Please call 505-998-6600 today to schedule your free consultation or contact us to learn more.

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