2nd & 3rd Offense DWI/DUI

New Mexico law takes such a strict stance against DUI/DWI offenders in the hopes of discouraging similar future behavior. For those who make the same mistake of drinking while driving a second, third or even fourth time, the consequences are even more severe than those associated with the first offense. If you have a prior DUI conviction on your record, and if you face new charges, you face jail time, license revocation, probation and other penalties. Simon A. Kubiak, Attorneys At Law, PC, fights on behalf of the accused and ensures their rights are upheld throughout the entire judicial process.

Consequences of a 2nd DWI in NM

Unlike a first DUI in New Mexico, a second offense does carry mandatory jail time. Though the minimum is 96 hours in jail, the maximum is 364 days — a day shy of one year. Additional penalties of a second DWI are as follows:

  • Fines that range from $500 to $1,000
  • Mandatory Ignition interlock Device for at least two years
  • License suspension for up to two years, with an automatic one-year suspension for refusing to submit to a chemical test (if applicable)

You may also have to serve up to 48 hours of community service, serve probation for as many as five years and undergo counseling and alcohol treatment.

Consequences of a 3rd DUI in NM

A third DUI conviction in Albuquerque and the great state of New Mexico carries both criminal and MVD penalties. On a criminal level, you face between $750 and $1,000 in fines, three-year license revocation period, IID installation and a minimum of 96 community service hours. A third DWI carries a mandatory minimum prison sentence of up to 30 days and a maximum of up to 364 days. You may also have to serve a probationary period of up to five years, in addition to undergoing drug and alcohol treatment and counseling.

In addition to the criminal consequences, the MVD may suspend your license for one year or more. This in addition to the suspension imposed by the judge. If the MVD so chooses, it will suspend your license for up to a year regardless of whether or not the court dismissed your DUI charges or acquitted you.

Avoid the Consequences of a DUI/DWI Entirely

When you retain the help of an experienced and aggressive DUI/DWI defense lawyer in Albuquerque, New Mexico, you may be able to avoid the consequences of a DUI entirely. At the very least, an attorney who is familiar with the laws, defense strategies and the court system can help you attain reduced charges and sentencing. For the defense your case needs and deserves, 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