DWI Process

One benefit of having an experienced DWI defense attorney on your side is having someone guide you through the DWI process. Simon A. Kubiak, Attorneys at Law, PC provides the personal attention and tough representation you need for the most convenience and confidence in your case outcomes.

DWI Process Overview

A DWI arrest is a traffic violation and possibly a criminal offense. Consequently, a DWI arrest starts two separate processes:

  1. Administrative process that involves the New Mexico Motor Vehicle Department (MVD)
    It is through the administrative DWI process that you may reinstate a revoked or suspended license and/or comply with interlock requirements (if applicable).
  2. Criminal justice process that involves the Second Judicial District Court
    It is through the criminal process that DWI charges may be made and prosecution works to achieve a conviction while your defense team fights conviction.

Each process has its own time frames and deadlines. Missing any deadlines can mean automatic penalties that could easily have been avoided, or worse, forfeiting DWI defense strategies.

MVD DWI Process

At the time of DWI arrest, the officer will serve you with a Notice of Revocation (citation), which serves as a temporary driver’s license for 20 days. So, you are still a legal driver.

However, from the time of arrest, you have only 10 days to request a hearing before the MVD to restore your driving privileges. Hearing requests must be sent with a $25 fee.

If you wait more than 10 days, your driving privileges automatically expire at the end of the 20-day temporary licensed period.

At the MVD administrative hearing, your license may:

    • Be suspended or revoked for a specific amount of time
      Revocation terms vary from six months to a first offense to permanent revocation. You may drive during your revocation term with an interlock license and device installed in your car.


    • Be fully reinstated
      If the officer took your physical license at the time of arrest, you will need to get a replacement license, for which you will pay out of pocket.

Simon A. Kubiak, Attorneys at Law, PC, pay the $25 fee and appear on your behalf at the MVD administrative hearing.

Criminal DWI Process

For DWI arrests made in Bernalillo County, criminal proceedings take place at the Second Judicial District Court in Albuquerque.

The criminal justice process begins with your arraignment—a hearing before a criminal court judge where formal DWI charges are made or you are excused from any charges.

Your arraignment is the starting point for a number of important timelines:


  DWI Defense Case Action Item
10 days To excuse the judge randomly assigned to your case
30 days For discovery to be cited—i.e., videos from lapel cameras, physical evidence, transcripts, etc. available for review
100 days For prosecution to identify witnesses for defense to interview
180 days To trial


Each timeline marks a point in the criminal justice process where your defense team may take action that may improve the likelihood that your DWI charges will be dismissed or reduced.

While these timelines are in play, your criminal defense team may:

  • Investigate the circumstances of your arrest to determine if any civil rights violations occurred that may be grounds for case dismissal
  • Investigate the evidence and the instruments used to collect it to determine the accuracy and reliability of the evidence
  • Suppress witnesses identified after the 100-day interview rule

That is how we build strong DWI defenses. That is the level of personal attention you deserve.

For trusted counsel and aggressive representation throughout your DWI process, call Simon A. Kubiak, Attorneys at Law, PC. Your initial case consultation is free.

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