Driving While Intoxicated (DWI)

Criminal Defense in Albuquerque, New Mexico

New Mexico Department of Transportation’s campaign to ENDWI has raised awareness about the statewide problem of driving under the influence. Unfortunately, it may also contribute to practices that compromise the Constitutional rights of those pulled over and/or arrested for DWI.

If you have been arrested for DWI, you should seek the help of an experienced attorney right away to protect your rights under federal and state law. Simon A. Kubiak, Attorneys at Law, PC will provide you with the personal attention and strong criminal defense you need.

Is There a Difference between DWI and DUI?

New Mexico statutes dealing with drunk driving use the terminology “driving under the influence of intoxicating liquor or drugs,” which makes the criminal offense a DUI for short. However, there is no difference between a DUI and “driving while intoxicated,” or DWI. Both acronyms refer to the same offense, so the same laws, process and penalties apply.

What You Need to Know about DWI/DUI

Definitions and consequences of conviction for DWI are outlined in New Mexico Statutes § 66-8-102. However, what is not apparent from reading the law is that the DWI process has two distinct parts:

Administrative (License Revocation)

    • The administrative side of a DWI arrest involves the Motor Vehicle Department (MVD). When you are arrested for DWI, the arresting officer often takes your license. To get your driving privileges fully restored and get a new license, you must request a hearing with the MVD.

Be warned: you only have 10 days after a formal arrest to request an administrative hearing, even though your Notice of Revocation gives you temporary driving privileges for 20 days.

The criminal side of a DWI case involves the State (Second Judicial District for cases in Bernalillo County). Circumstances contributing to your arrest affect what DWI charges are made and which defense strategies may apply. Your arraignment starts the clock on several important timelines, and the criminal justice process involves pretrial conferences and motion hearings before there may ever be a trial.

Simon A. Kubiak, Attorneys at Law, PC will be able to waive your appearance and represent you at these trial proceedings for your convenience.

You are not required by law to be represented by an attorney for either the administrative or criminal proceedings. However, you are best served by having an experienced DWI defense attorney who will help you navigate both systems and fight to keep your record clean.

Top-Rated DWI/DUI Defense in Albuquerque

If you have been arrested for DWI in Bernalillo County, your best defense is to hire Simon A. Kubiak, Attorneys at Law, PC. We provide the personal attention it takes to protect your Constitutional rights and build a strong defense. You get the benefit of a criminal defense team rather than a single attorney, and you get your attorney’s cell phone number so that you have 24/7 voice and text access.

In any DWI case, there are many deadlines and consequences to missing deadlines. Our team is in the best position to help you keep your record clean the sooner we get involved.

Call us today to schedule your free initial case consultation.

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