4th Offense + DWI/DUI

New Mexico has one of the worst drinking and driving problems in the nation. State officials estimate that at least 40% of all fatal motor vehicle accidents are caused by alcohol. To put an end to this problem, law makers have implemented strict penalties for those convicted of a DUI/DWI. The severity of those penalties increases with each offense, and by the fourth conviction, offenders face mandatory prison time, hefty fines and loss of driving privileges. The Albuquerque DUI/DWI defense lawyers at Simon A. Kubiak, Attorneys At Law, PC aggressively defend those charged with drunk driving in the hopes of preventing the harsh legal consequences from disrupting their lives.

Penalties for 4th DUI Offense in NM

A fourth DUI in New Mexico is a felony of the fourth degree. In addition to having to live with the stigma that comes with a felony record, you will also have to deal with the legal consequences of a fourth DWI conviction. Those include up to 18 months in prison, with six months of mandatory jail time, a fine of up to $5,000 and lifetime license revocation, with the possibility of a court review after five years. You may also have to serve up to five years of probation and complete substance abuse counseling and treatment.

Subsequent Offenses

Though you lose all driving privileges after a fourth DUI conviction, it is possible to get a fifth, sixth or seventh DUI in New Mexico. A fifth offense is a fourth-degree felony and may result in a lifetime license revocation (with the possibility for review after five years) and a mandatory prison term of one year.

A sixth offense is a third-degree felony. If convicted, you must serve 18 months in prison, with the possibility of having to serve up to 30 months. The MVD will suspend your license for life, without the possibility of review. The penalties for a seventh offense also include lifetime license revocation and a mandatory two-year prison term.

Consult With Our Albuquerque DUI/DWI Defense Lawyer

Whether this is your first DUI offense or fourth, it is imperative that you speak with a skilled DUI defense attorney in your area. Simon A. Kubiak was voted as Avvo’s choice DWI lawyer in 2017 and is rated as the top three Best DUI Lawyers in Albuquerque for two years running. He and his team are the people you want on your side when dealing with a fourth DUI/DWI charge. To begin building your defense, contact Simon A. Kubiak, Attorneys At Law, PC today.

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