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Albuquerque DWI Lawyers

1. Vance, Matthew: Drunk driving cases typically involved both lay witness testimony regarding what was seen or observed, but also scientific evidence by police officers regarding administration of and driver performance on physical coordination exercises, (typically called field sobriety tests for FST's), and machines used to calculate the amount of alcohol in a persons blood or breath. The evidentiary issues and procedural requirements in a DWI/DUI case are complex. The penalties for a DWI/DUI conviction can be severe. Additionally, there is a public stigma attached to DWI charges which can affect your employment, security clearance, and livelihood within certain professions, including law enforcement, military, and as a commercial driver. Administrative Hearings and Your Driving Privileges **IMPORTANT NOTICE** In addition to the criminal penalties associated with DWI/DUI, as discussed below in more detail, you can also face revocation of your driving privileges. If you have refused to submit to a chemical test, or if you submitted to a blood or breath test with result of .08 or higher and are over the age of 21, or if you submitted to a blood or breath test with results of .02 or higher and are under the age of 21, then you privilege to drive could be in jeopardy. After being arrested or charged with DWI/DUI, most people will need to request a hearing with the New Mexico Motor Vehicle Department to stop their driving privileges from being revoked. You MUST request a hearing within ten (10) days from arrest. Failure to request a hearing will mean your driving privileges will automatically be revoked twenty (20) days after arrest. The duration of revocation will depend on whether you submitted to a chemical test, whether this is your first charge, and other factors. The law in New Mexico is that it is illegal for a person to drive while under the influence of intoxicating liquor. It is also illegal for a person who is under the influence of any drug to a degree that renders the person incapable for safely driving a vehicle to drive a vehicle with the State. With a DWI case involving alcohol the State can generally seek to prove, beyond a reasonable doubt, that someone is guilty of driving while intoxicated in two ways. First, by proving; (1) that the defendant was operating a motor vehicle within the State, (2) that a blood or breath test was administered within three hours of driving and that test demonstrated an alcohol concentration of eight one hundredths (.08) or more, and (3) the alcohol concentration resulted from alcohol consumption before or while driving a vehicle. Second, the State can seek to prove; (1) the defendant operated a motor vehicle within the State, and (2) the defendant was under the influence of intoxicating liquor, that is, as a result of drinking liquor the defendant was less able to the slightest degree, either mentally or physically, or both, to exercise the clear judgment and steady hand necessary to handle a vehicle with safety to the person and the public. If you are accused of operating a commercial motor vehicle while intoxicated, then the alcohol concentration in blood or breath drops to four one hundredths (.04). There are also enhanced penalties for aggravating factors involved with a DWI/DWI case. Aggravated driving while intoxicated consists of a person who; (1) drives a vehicle in the State and has an alcohol concentration of sixteen one hundredths or more in the person's blood or breath within three hours of driving and the concentration results from alcohol while or before driving; or (2) has caused bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or (3) refused to submit to chemical testing, as provided by the Implied Consent Act, and in the judgment of the court, based on evidence of intoxication presented to the court, was under the influence of intoxicating liquor or drugs. Regardless of age, race, gender or socioeconomic status, any can be convicted of DWI/DUI. The consequences depend upon whether it represents your first conviction/charge or not. Penalties The penalties for DWI/DUI offenses increase every year. Information regarding the basic sentencing guidelines appears below, however, each case is different and you will want to consult with an attorney regarding the possible penalties in your case. 1 st Offense - * 0- 90 days in jail; * $500 fine; * Probation of up to 1 year; * 24 hours of community; * Alcohol Screening Program; * Attend and Complete 1 st Offender DWI Program; and * Drug or Alcohol Counseling. In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs on the first offense, the offender shall be to: * Forty-eight (48) consecutive hours in jail. If an offender fails to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court or fails to comply with any other condition of probation, the offender shall be sentenced to not less than an additional forty-eight consecutive hours in jail. 2 nd Offense * Mandatory 96 consecutive hours in jail, up to 364 days in jail; * $500 to $1,000 fine; * Probation of 1 year to 5 years; * Not less that 48 hours of community service; and * Counseling and Treatment as set by order of the Court. In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to: * Additional 96 consecutive hours in jail. If an offender fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional seven consecutive days in jail. 3 rd Offense * 30 day to 364 days in jail; * Not less than 96 hours of community service; * $750 fine; * Probation of 1 year to 5 years; and * Counseling and Treatment as set by order of the Court. In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to: * Additional 60 days in jail. If an offender fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional sixty consecutive days in jail. 4 th and Subsequent Offense Fourth and subsequent DWI/DUI convictions are felony offenses. Penalties for felony offenses can include incarceration in New Mexico Depart of Corrections prisons and hefty fines. The degree of felony and the mandatory prison time you are facing when you have a felony DWI/DUI charge will vary based upon your criminal record. A person charged with a felony DWI/DUI charge will want to discuss with counsel the enhanced penalties and collateral consequences of a felony conviction. Ignition Interlock Devices and Sentencing New Mexico law provides that upon a conviction for DWI/DUI an offender shall be required to obtain an ignition interlock license and have an ignition interlock device installed and operating on all motor vehicles driven by the offender. Unless determined by the sentencing court to be indigent, the offender shall pay all costs associated with having an ignition interlock device installed on the appropriate motor vehicles. Those fees can be in the hundred of dollars. The offender shall operate only those vehicles equipped with ignition interlock devices for: (1) a period of one year, for a first offender; (2) a period of two years, for a second conviction pursuant to this section; (3) a period of three years, for a third conviction pursuant to this section; or (4) the remainder of the offender's life, for a fourth or subsequent conviction pursuant to this section. A driving while intoxicated charge in New Mexico is serious. Contact my office to schedule a free initial consultation to discuss your misdemeanor driving while intoxicated charge. I am available for evening and weekend appointments upon request.
2. Zamora, Brian: Being charged with a DWI (Driving While Intoxicated) can seriously impact your life and your future. Your license may be revoked; your car insurance may skyrocket; and even professional licenses, for doctors, lawyers and other professionals, may be threatened if you are convicted of a drunk driving offense.
3. William Brummell: Driving While Intoxicated (sometimes called DWI or DUI) is one of the most common charges the average person might face. Police officers are being pressed to enforce the DWI laws very strictly and it is very easy to be wrongly accused. At the same time, the penalties for DWI cases have become increasingly severe over the last few years. In addition to the embarrassment and damage to reputation, a person charged with a second DWI faces penalties including jail for up to a year and a $4000 fine. Deferred Adjudication is specifically disallowed in DWI cases. Further, if your license is suspended as a result of a DWI, it now costs you $1000 a year for three years to be able to drive. The laws regarding DWI cases are very complex and the prosecutors are experts in this field. You need a criminal defense lawyer that has the knowledge, experience, and aggressiveness to level the playing field and hold the state to its burden.
4. Thomas Pfar: DonÕt face your legal battles alone.
5. Border Law Office: How would you like to blow into a tube every time you start your car for a year? If you are convicted for even just one DWI or DUI, your car will be installed with a vehicle interlock device for the next year. If that is not reason enough to fight your DWI or DUI charge, here are a few more reasons to seek the advice of an experience DWI and DUI attorney: a charge of drunk driving, even a first offense, will cost you time, mobility, and money. Save yourself from fines, jail, loss of license, and the indignity of an interlock device by fighting your DUI or DWI charge with experienced attorneysÊat your side.
6. Kubiak & Kubiak: An arrest for DWI can be overwhelming and shameful to deal with alone. Face your drunk driving charges alongside an attorney who will work to prevent drivers license suspension.
7. Bowles and Crow: Criminal law presents particular challenges to those facing emotional and public criminal allegations
8. Sandy Barnhart y Chavez: (E)very accused deserves and should be able to afford a skilled lawyer who genuinely cares for her clients...
9. David Crum: The most important thing you must do after an arrest for DWI is to submit a request for an administrative hearing regarding the revocation of your driver1s license to the Motor Vehicles Division, along with a payment of $25.00. If you fail to request this hearing within 10 days of your arrest you will automatically lose your license, even if you are not guilty of DWI. If possible you should retain an attorney immediately so that your attorney can make the proper request for hearing.
10. Bill Gordan & Associates: Do not forfeit your rights. Seize the one chance you have to defend yourself against a charge that could lead to a drivers’€™ license suspension, heavy fines, jail time, job loss, car confiscation, and high risk insurance payments. Remembered that each and every drunk driving case stands on its own set of facts.
11. Armijo Law Office: Drunk driving is a serious charge. You need the assistance of an attorney who understands the many facets of the criminal justice system. Do not rely on mediocre legal counsel.
12. Raines & Travers: When you are facing a criminal charge, even a traffic violation such as drunk driving, if convicted you could lose your license to drive, have large fines and court costs imposed upon you, and even serve jail or prison time.  You have the right to have your attorney represent you at every step of a criminal prosecution.
13. Liane Kerr: Can I fight my DUI arrest? Yes. You may request a review of the driver's license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing.
14. Frenchette & Associates: WHEN YOU ARE arrested for driving while intoxicated in New Mexico, two separate cases begin at virtually the same time - a criminal case and a civil case. The criminal case is brought by the government and can result in jail, fines, probation and loss of license. The jail time, fines and other penalties vary depending on how many convictions you have and whether you are charged with aggravated DWI. Aggravated DWI may be charged if you refuse to take the chemical blood or breath test requested by the officer, have an alcohol level of .16 or more or cause an accident with injuries. You can be guilty of a DWI even if you had nothing to drink but had medication or narcotics. The civil administrative hearing process with the Motor Vehicle Division decides whether your license if revoked for ninety days, six months or one year. You must request the MVD hearing in writing within 10 days of the incident of date of revocation notice, otherwise you will be revoked automatically 20 days after the arrest. You must mail your written request to MVD in Santa Fe with a $25 check or money order.
15. Glenn Smith Valdez (representing those accused in all counties): If you have been charged with refusal to submit to a breath or blood test, or if you provided a breath or blood sample with a B.A.C. of .08 or higher if over 21 years of age, or .02 or higher if under 21 years of age, your Driver's License or privilege to drive will be revoked twenty (20) days after your arrest, unless you make a written request for a hearing, within ten (10)days of your arrest.
16. Bill Tinker: The police appear to be focusing on drinking and driving rather than drunk driving.