1st Offense DWI/DUI

A first-time DWI/DUI can be a scary experience, and you may have many questions. Are you going to jail? How much in fines will you have to pay? What will happen to your license? The Albuquerque, New Mexico, DUI defense attorneys at Simon A. Kubiak, Attorneys at Law, PC is available to address your most pressing questions and concerns and put your mind at ease. Though a first DWI/DUI offense does carry some legal consequences, our team is familiar with the state’s laws, the judicial system and viable defenses. We are prepared to use our experience and knowledge to help you obtain a favorable outcome to your case.

Mandatory Sentencing for First-Time DUI

Most first-time DWI offenders worry that a conviction will mean jail time. Though jail time is possible, it is unlikely. However, if aggravating factors exist, you may face between 48 hours and 90 days in jail. Aggravating factors include a BAC level of .16% or greater or an arrest that also involved an accident or injury.

If aggravating factors are not present, the mandatory minimum sentencing guidelines are as follows:

  • DWI school
  • Screening for drug and alcohol abuse
  • Alcohol or drug abuse counseling and treatment
  • Prohibited from drug or alcohol use
  • Random drug and alcohol screening
  • Minimum 24 hours of community service
  • Ignition interlock device
  • Fees associated with court and probation

These conditions are mandatory minimums. Fortunately, a charge is not a conviction. Simon A. Kubiak and team will investigate all the evidence associated with your case and build the best possible defense. Our goal is to try and make it so you walk away from the incident without consequence.

New Mexico DUI First Offender Program

Though New Mexico law does not call for jail time for a simple first DWI, the law does carry statutory minimum sentencing. If the judge feels it is appropriate to do so, he or she may deviate from the statutory minimums and sentence you to up to 90 days in jail. The NM first offender program allows you to serve probation in lieu of jail time. However, it is imperative that you abide by the terms of probation, otherwise you risk going to jail.

Simon A. Kubiak Is Prepared To Come to Your Defense

Our DWI defense lawyers and team at Simon A. Kubiak, Attorneys At Law, PC, aggressively pursue justice for those charged with crimes. Whether this if your first DWI offense or your fourth, you can count on our team to advocate for your freedom in the face of adversity. Contact our law firm today to discuss the next course of action.

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