DWI Offense Attorney in Albuquerque

Because of the prevalence of DUI/DWI-related offenses, accidents and deaths, challenging a drunk driving charge in New Mexico is not easy. In fact, in an effort to reduce the number of DUI-related offenses that occur each year, the state has revised its statutes and procedures to heavily favor the prosecution. Whether you face a first-time DWI conviction or a third, fourth or fifth, you face heavy fines, license revocation and jail time, among other consequences. For these reasons, it is important that you choose an experienced and aggressive DUI/DWI defense attorney to represent you and defend your rights.

Driving While Intoxicated in New Mexico

New Mexico, like all other 49 states and the District of Columbia, defines “drunk driving” as operating a motor vehicle with a blood alcohol concentration level of .08 or greater if you are 21 years of age or older. Persons who are under the legal drinking age can receive a DUI/DWI charge if their BAC is .02 or greater, while commercial drivers cannot have a BAC of .04 or more.

New Mexico statutes further classify drunk driving in one of two ways:

  • DUI/DWI: The first classification refers to the standard offense of driving under the influence and driving while intoxicated. An officer may charge a driver with this offense based solely on observation alone. For instance, if the driver has slurred speech, fails a roadside sobriety test or smells of alcohol, there is enough evidence for the officer to make an arrest.
  • Illegal Per Se: “Illegal per se” occurs when a person’s BAC is above the legal limit. In such an instance, the driver does not have to present any signs of driving while under the influence —rather, the officer can support his or her arrest with the result of the breath or blood test alone.

Consequences of a DUI/DWI Conviction

The consequences of a DUI conviction in New Mexico vary considerably and are dependent upon a number of factors, including the level of alcohol in the driver’s system, the number of prior convictions on the driver’s record and whether the driver’s negligence resulted in the harm of another person or property. However, all DUI convictions result in fines and license suspension, while subsequent convictions almost always result in jail time.

Defenses to a DUI Charge

A DUI charge is not a conviction. In fact, with a skilled and experienced attorney on your side, it is likely that you will walk away from the incident with nothing more than a reminder to be careful. Attorney Simon A. Kubiak has been recognized as one of three of the Best DUI Lawyers in Albuquerque, New Mexico, for several years running now. He has a long track record of success, which he attributes to his ability to deploy strong defenses. Such defenses include improperly administered field sobriety test, improperly calibrated equipment, improper stop, problems within the chain of custody and rising blood alcohol concentration, among others.

At Simon A. Kubiak, Attorney at Law, PC, we know New Mexico DUI/DWI laws, and we understand how the court system works. We use our knowledge and familiarity with how the prosecution thinks to aggressively defend our clients and do what we can to ensure they walk away free. If you were charged with a DUI/DWI in Albuquerque, do not wait another second — contact our team to start building your defense 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