DUI Charges

Simon A. Kubiak, Attorneys at Law, PC in Albuquerque, New Mexico focuses on DUI defense. No matter what type or level of charges you are facing, we will build the strong defense you need to protect your rights and fight DUI conviction.

DUI Charge Classifications

There are two basic types of charges for driving under the influence of alcohol or drugs—DUI and aggravated DUI.

Someone may be charged with aggravated DUI if:

  • They have a blood alcohol concentration (BAC) of .16 or higher
  • Their drunk driving caused bodily harm to another person (including an unborn child)
  • They refuse to submit to chemical testing

The classification of a DUI or aggravated DUI depends on the number of prior DUI convictions on a person’s record. DUI charges are classified as follows:


Conviction Charge
1st offense Petty misdemeanor
2nd and 3rd offenses Misdemeanor
4th and 5th offenses 4th degree felony
6th and 7th offenses 3rd degree felony
8th and subsequent offense 2nd degree felony


Fines and penalties increase when DUI charges are aggravated and with each subsequent offense.

When You May Face DUI Charges

DUI charges are not automatically made upon arrest for suspected driving under the influence. Rather, if you have been arrested, upon your release a hearing will be set for your arraignment when a judge will either excuse you or formally make DUI charges.

At your arraignment, you will be asked to enter a plea. Formal DUI charges are inevitable if you plead guilty.

Your Best Defense against DUI Charges in Albuquerque

Many DUI attorneys, including the public defender, may advise you to plead guilty to DUI charges. But that is more likely in their best interests, not yours.

Your best defense is one that begins with your best interests as top priority. That’s what Simon A. Kubiak, Attorneys at Law, PC provides.

Your defense team gives you the personal attention you deserve. We listen to the circumstances of your arrest and immediately translate that into a defense strategy, which may inform how you plead. We provide you with a personal cell number so that you can reach us via voice or text 24/7.

The bottom line: your best defense against DUI charges is to call Simon A. Kubiak, Attorneys at Law, PC right away. Your initial consultation is free.

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