If you face a driving while intoxicated charge in New Mexico, you likely have a lot of questions, such as Are you going to jail?, What does a notice of revocation mean?, and What can you do to fight the charges? A knowledgeable DWI defense attorney in Albuquerque is prepared to address your questions and concerns and to keep you informed throughout the duration of your case.

Q: Are you going to jail?

A: New Mexico does not impose mandatory jail time for first time non-aggravated DWI offenders. However, judges can sentence first time offenders to up to 90 days in prison. Aggravated DWIs carry a jail sentence of not less than 48 hours; second-time convictions come with a mandatory jail sentence of not less than 96 hours; and third-time convictions carry a mandatory term of imprisonment of no less than 30 days. The mandatory jail sentence increases with each subsequent DWI.

Q: Is there a difference between your MVD hearing and court date?

A: Yes, there is. At your MVD hearing, you will find out whether or not the Motor Vehicle Department plans to revoke your license. At your court hearing, you will learn if the prosecution plans to convict you or not.

Q: What is an aggravated DWI?

A: An aggravated DUI occurs if one of three factors exist:

  • Your BAC was .16 or higher at the time of the stop
  • You caused harm to another individual as a result of your driving under the influence
  • You refused to submit to a chemical test, which is required of you under the Complied Consent Act

Q: Can you refuse the breath test?

A: Yes, you can refuse to submit chemical test and sobriety test, however refusing may result in enhanced penalties. Per New Mexico’s Implied Consent Act, any person who operates a motor vehicle within state boundaries automatically consents to a breath test if an officer requests one of him or her. Failure to consent could result in a charge of aggravated DUI and license revocation for up to one year.

Q: What is an ignition interlock device?

A: An IID is a device that measures your BAC level before it lets you start your vehicle. Many states, New Mexico included, are turning to IIDs over license suspension or revocation. Though installation is free, you should expect to pay between $800 and $900 for the device itself.

Q: What are the consequences of a DWI in New Mexico?

In addition to possible jail time, DWI offenders typically have to pay a fine, undergo alcohol screening and rehabilitation programs and participate in community service. Depending on the nature and number of the offense, license revocation is possible. All offenders will get an IID installed in their vehicles.

Q: What should you do if charged with a DWI?

A: The best thing you can do if you face DUI/DWI charges is to contact an experienced DWI defense attorney in Albuquerque. Simon A. Kubiak, Attorneys at Law, PC, is prepared to inform you of your rights, address your most pressing questions and concerns with absolute honesty and fight the charges against you. For personalized and aggressive advocacy at this scary time in your life, contact our office today.

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