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When You Get Cited We go Fight it

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Impaired Driving

In New Mexico, Driving While Intoxicated does not just refer to driving while under the influence of alcohol. It also refers to driving while under the influence of drugs and prescription medications, as well as driving while drunk. Though the team at Simon A. Kubiak, Attorneys At Law, PC, understands that such laws are in place to protect the safety and wellbeing of society as a whole, we also feel that the laws — along with their associated punishments — can be a bit harsh, if not outright unfair. Our Albuquerque DWI/DUI attorneys use the nuances of the law to defend clients and fight for a just outcome.

New Mexico’s Blood Alcohol Limits

Drivers of recreational vehicles in New Mexico are upheld to the same standards as every other driver throughout the nation when it comes to drinking while driving. A person may not drive with a BAC of .08% or greater without committing a DUI/DWI offense. However, New Mexico has imposed stricter standards for commercial drivers (.04%) and drivers under the legal drinking age (.02%).

The penalties associated with a DUI are harsher for commercial and underage drivers as well. Non-commercial drivers who receive a first-time DWI conviction will have their license suspended for six months. A commercial or underage DWI conviction, however, is punishable by a one-year suspension of driving privileges. Both commercial, non-commercial and underage drivers are subject to fines, court-ordered treatment, alcohol screenings and community service as well.

Impairment By Drugs

Alcohol is not the only means by which a person may become impaired. Both illegal and prescription drugs can hinder a person’s ability to safely operate a motor vehicle. If an officer stops a driver who has drugs in his or her system, it is possible the person will receive a DWI charge. New Mexico recognizes prescription drug DWIs because prescription and over-the-counter medications come with ample warnings regarding the side effects.

Get the Legal Help Your Case Deserves

A DWI/DUI charge is not a conviction. There are many viable defenses to impaired driving charges, which the attorneys at Simon A. Kubiak, Attorneys At Law, PC, can help you explore. Contact our team today to learn more about the laws and possible defenses may apply to your situation.

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