DWI Conviction

Driving while under the influence of drugs or alcohol is illegal in New Mexico and punishable by jail time, fines, license suspension and more. If you face DWI charges, retain an experienced DWI attorney who is familiar with the law and viable defense strategies. Simon A. Kubiak, Attorneys at Law, PC is committed to providing you with the personalized and aggressive representation your case deserves.

The Consequences of a First DWI Conviction

The consequences of a first time DWI conviction can be costly and disruptive to your life. In addition to possible imprisonment for a period of no more than 90 days, a judge may sentence you to the following:

  • A fine of up to $500
  • Not less than 24 hours of community service
  • Participation in DWI school
  • Participation in a complete screening program

If the judge waives or defers the jail sentence, you will be placed on probation. Probation often lasts longer than 90 days but may not exceed one year.

Penalties for an Aggravated DWI

An aggravated DWI charge occurs when one of three factors are present: 1) Your BAC was of 16/100ths or more within three hours of your stop; 2) You caused bodily injury to another individual as a result of operating while under the influence of drugs or alcohol; or 3) You refused to submit to chemical testing. If found guilty of an aggravated DWI, penalties are enhanced to include a mandatory 48-hour period in jail. If you fail to complete court-ordered community service, treatment program, screening program or DWI school, the judge will sentence you to an additional 48-hour period in jail.

Penalties for Subsequence DWI Convictions

Subsequent convictions come with mandatory jail time, fines, mandatory community service and license suspension. A fourth DWI conviction is a felony and is subject to a term of imprisonment of up to 18 months, six of which cannot be deferred or suspended.

Fighting a DWI Charge and Possible Penalties

The consequences of a DWI conviction in Albuquerque extend far beyond judicial ones. Your personal and professional lives may suffer as the result of a criminal conviction, not to mention your financial standing. Rather than learn the hard way about the penalties of a DWI conviction, hire an attorney who will fight to keep your record clean. Call Simon A. Kubiak, Attorneys at Law, PC in Albuquerque, NM, for the individualized and aggressive representation your case deserves.

Simon Says, “Call Kubiak.”

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