DUI Defined

The term “DUI” refers to “driving under the influence” of drugs or alcohol. New Mexico, like all other states, has its own unique set of standards that help law enforcement and the courts to decide if a person was, in fact, driving under the influence at the time of the stop. Understanding these standards and the legal definition of DUI can help defendants in DUI cases protect themselves against unfair convictions. If you face criminal DUI charges, consult with a DUI defense attorney in Albuquerque to discuss your rights and possible defense options.

The Basics of a DUI

If you were arrested and charged with a DUI, it’s important that you understand what actions, under New Mexico law, constitute as driving under the influence. The basics are outlined below:

In New Mexico, you are guilty of a DUI if, at the time of arrest, your blood or breath alcohol concentration level is .08 or higher and are 21-years-of-age or older; is .02 or higher and you’re younger than 21; or .04 if you are the driver of a commercial vehicle.
Regardless of your BAC, the state may charge you with a DUI if it can prove that drugs or alcohol impaired your ability to drive to the slightest degree.
You may be guilty of a DUI if tests determine that, at the time of arrest, you were driving under the influence of an illegal or prescription drug.

If you refuse to take a breath or blood test, the state can charge you with the separate offense of violating New Mexico’s Implied Consent Laws. Per these laws, any person who drives a motor vehicle is presumed to have agreed to a breath or blood test if requested of them.

Your DUI Defense

A DUI charge is not a conviction. There are several viable defenses to these types of charges, and our top-rated DUI defense lawyers at Simon A. Kubiak, Attorneys at Law, PC, are prepared to guide you toward the best one based on the factors of your particular case. Don’t assume that just because test results say you were intoxicated while driving means criminal charges are inevitable. Contact our Albuquerque defense lawyers for the aggressive and skilled representation you need to avoid the costly and life-changing consequences of a DUI conviction.

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