DWI Charges

If you have been arrested for driving while intoxicated (DWI) in the greater Albuquerque area, you will likely face criminal charges, but which ones?

There are a number of possible charges for DWI, each carrying a different set of penalties, and each with different DWI defense strategies.

Simon A. Kubiak, Attorneys at Law, PC has experience fighting all types of DWI charges and will find the best strategy for your situation.

Types of DWI Charges

DWI/DUI laws are outlined in New Mexico Statutes § 66-8-102. This section of code outlines different types of DWI charges:

Driving under the influence of intoxicating liquor or drugs
(short name: DUI, used interchangeably with DWI)
1st offense
2nd-3rd offenses
4th and subsequent offenses
Petty misdemeanor
4th, 3rd or 2nd degree felony
Aggravated driving under the influence of intoxicating liquor or drugs
Same as DWI but with mandatory minimum jail sentences that may not apply to the lesser (non-aggravated) charge


DWI charges are formally made during an arraignment, a hearing scheduled after your DWI arrest. However, your arrest alone constitutes a traffic violation, and that results in the automatic revocation of your New Mexico driver’s license by the MVD. So, you will need to request an administrative hearing with the MVD regardless of whether or not you were formally charged with DWI.

The penalties associated with DWI charges range from a minimum of 24 hours community service and DWI school to up to 12 years in prison and mandatory court-approved substance abuse treatment.

The Best Defense against DWI Charges

The best defense against DWI charges is early DWI legal representation from Simon A. Kubiak, Attorneys at Law, PC in Albuquerque. The sooner our legal team is involved in your case, the more effectively we can:

  • Defend your Constitutional rights
  • Protect options available for DWI defense

The earlier we are involved, the more convenient for you, too. Our attorneys can minimize the number of conferences and hearings you need to attend, so you do not have to miss work, pay for additional child care or rearrange your schedule.

Call us to schedule your free initial consultation. We provide the personal attention (including cell phone access to your attorney) you deserve and fight hard to secure the best outcomes possible.

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