It is true that a first DWI offense is a petty misdemeanor. But that does not mean you should take your first or any DWI arrest lightly. A DWI conviction carries serious financial consequences, including an interlock license and device you pay for out of pocket.
Why Your DWI Arrest Matters
A DWI arrest is not a charge, and it is not evidence of guilt. But your arrest matters because your defense may lie in the circumstances of your arrest.
You have civil rights that protect you from government overreach before, during and after an arrest. If these rights were violated at any time, then your arrest may not be Constitutional, and that is grounds for dismissal of any charges that may be made.
To start building a strong defense, the DWI defense lawyers at Simon A. Kubiak, Attorneys at Law, PC. will want to know:
- If the officer who stopped you had reasonable cause for the traffic stop
- If the officer who stopped you had reasonable suspicion to search your vehicle, conduct a field sobriety test and/or request chemical testing (e.g. breathalyzer)
- If you were informed of the reason for your arrest and rights throughout the arrest and booking process
We will investigate the circumstances of your arrest to determine what defense strategies are available and which may work best for you.
What Happens after DWI Arrest
Your arrest starts the 10-day window you have to request an administrative hearing with the Motor Vehicle Department (MVD) to reinstate your driving privileges. Missing this opportunity will incur more hassle and expense to get your license back.
Your arrest will also signal the scheduling of an arraignment—a hearing where you are formally charged with DWI or excused from further proceedings. In New Mexico, your arraignment must be held within a reasonable amount of time after your arrest, usually less than a week. That hearing starts the clock on the criminal justice process.
If the prosecution misses deadlines and you don’t know about them, you may forfeit opportunities to get your case dismissed. If you miss deadlines or hearings, you may face penalties, like fines and jail time, even without conviction.
When to Call Kubiak Lawyers
If you have been arrested for DWI, call Simon A. Kubiak, Attorneys at Law, PC right away. The sooner our team is involved, the better positioned we are to help. We can take care of your MVD administrative and criminal matters, and we can make the process easier for you by appearing on your behalf for most pre-trial proceedings.
Don’t stress over your arrest. Contact us for personal attention—including 24/7 voice and text access to your attorney—and strong DWI defense.