In an effort to combat New Mexico’s drunk driving problem, the state has implemented harsh penalties for DWI/DUI offenders. One such consequence is vehicle seizure. At Simon A. Kubiak, Attorneys At Law, PC, we understand that mistakes happen. We also understand that you need your vehicle to continue to meet your professional and familial obligations. If you face vehicle seizure following a DUI arrest, contact our Albuquerque law firm for the aggressive and knowledgeable representation your case needs.
When Vehicle Seizure Occurs
New Mexico law does not require, and nor does it allow, vehicle seizures for every DUI/DWI arrest that occurs. Rather, vehicle seizure is a punishment reserved for more serious offenses. Below are two instances in which the state may seize a vehicle:
- Law enforcement arrests you for a second or subsequent DUI/DWI
- An officer stops you for driving on a revoked license, which was the consequence of a previous DUI
If the state seizes your vehicle, there is little chance that you will get it back. If the City of Albuquerque issues and wins a suit to declare your vehicle a nuisance, it can lawfully appropriate your vehicle’s title and sell your vehicle at auction.
Fighting Vehicle Seizure in Albuquerque
The constitutionality of vehicle seizure has long been up for debate in New Mexico. Vehicle seizure can interfere with your ability to obtain and maintain gainful employment, take your children to and from school and engage in other social activities. Our team at Simon A. Kubiak, Attorneys At Law, PC, fight the injustice of vehicle seizure both in negotiations and at trail. We support clients throughout every step of the legal process and deploy a strategic defense to fight back against the forfeiture of your car.
In addition to helping clients keep their vehicles, our law firm also has extensive experience with the administrative processes involved in DUI/DWI cases. To learn more about your options regarding DUI/DWI and vehicle seizure defense, contact our law firm at (505) 998-6600 today.