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Albuquerque DWI Lawyers

1. Jaffe Law: DUI/DWI - Charges of driving under the influence of intoxicating drugs or alcohol can have serious criminal consequences. A DUI/DWI conviction may result in fines, the revocation or suspension of your driver's license, jail time, and cancellation of your insurance coverage. When facing an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers.
2. Davis, Jeff: Traffic Tickets
3. Romero Law Firm: DWI/DUI Defense ÒDriving while intoxicatedÓ and Òdriving while under the influenceÓ laws have changed significantly recently. There are several steps that need to be taken soon after being charged with this type of an offense in order to place you in the best possible position to defend your case: Criminal Prosecution: Be aware that changes in the law might affect the outcome of your case, but so might the person whoÕs deciding your case. Many of the existing judges interpret and enforce the law in a different fashion. It may be more advantageous to you to try to get a different judge to hear your case depending on its facts. Generally speaking, there is a ten (10) day time limit within which to ask for a different judge. Your attorney should offer valuable insights into how to proceed in your best interest Ða good lawyer knows the law and an excellent lawyer knows the judge. We strive to offer our clients excellent legal representation. License Revocation Appeals: Your license to drive will be suspended for at least six months automatically if you do not appeal your license revocation within ten (10) days of the service of the revocation notice. Thereafter, the Motor Vehicle Division only has 90 days to have a license revocation hearing or else your license privileges are restored automatically. There are many complex issues that pop up in license revocation hearings. We can help. Vehicle Seizure: The laws are on the books in different jurisdictions in New Mexico that allow for the seizure of the vehicle you were driving by the city or county. There is, however, a very limited amount of time within which to appeal, and your failure to appeal timely could ultimately result in the city taking possession of your vehicle forever. But, there are ways to get around the unreasonably harsh laws that are on the books. Be sure to ask your lawyer.
4. Frechette & Assoccites: The DWI or DUI Criminal Case The criminal case imposes penalties for DWI which vary depending on the criminal conviction history of the charged individual. DWI includes driving under the influence of alcohol, drugs or medication. Aggravated DWI is charged when a person: Refuses to take the breath or blood test upon arrest. Has a blood/alcohol level of .16 or greater, or Causes an accident with injuries. Penalties for 1st offense Penalties for 2nd offense Penalties for 3rd offense Felony penalties for 4th offense and above -Up to 90 days jail -Up to $500 fine -Approximately $300 court costs - DWI School with fees -1 year license revocation - Up to 48 hours community service -Alcohol/drug screen & counseling -1 year ignition interlock (see below) - M.A.D.D. Victim Impact Panel - Up to 1 year probation - Aggravated: Minimum 48 hours jail -4 to 364 days jail - Fine $500 to $1000 -Approximately $300 court costs - 2 year license revocation - Alcohol/drug screen & counseling - 48 hours community service - 1 to 5 years probation -2 years ignition interlock (see below) - Aggravated: Minimum 8 days jail. -30 to 364 days jail -Fine $750 to $1000 -Approximately $300 court costs -Alcohol/drug screen & counseling -3 yr. license revocation -96 hours community service -1 to 5 years probation -3 years ignition interlock (see below) -Aggravated: minimum 90 days jail. -4th: 6 mos. to 1&1/2 years jail -5th: 1 year to 2 years jail -6th: 1&1/2 years to 2&1/2 years jail -7th: 2 years to 3 years jail -Fine up to $5000 -Lifetime license revocation -Lifetime ignition interlock (see below) - 1 year parole or more, programs vary by jurisdiction -Loss of right to bear arms and run for public office In order to reinstate driving privileges after 5 years or more of revocation you must petition the district court. These district court requests can be made every five years. Electronic Monitoring Some jurisdictions have electronic monitoring programs (usually ankle bracelets) which would enable you to live at home and serve a jail sentence. There are special criteria which must be fulfilled in order to qualify for this program. A judge may also order it as a condition of pretrial release. Time in this type of program counts as credit towards any jail sentence. You may be subject to urine and breath testing, curfew and other conditions as well. DWI/Drug Court Some jurisdictions have DWI/Drug Court for people convicted of a subsequent DWI offense. It is usually voluntary and includes an average of a year or more intensive outpatient counseling as well as frequent contact with probation, court personnel and judges. Those who successfully complete the program sometimes receive credit for time served and for programs completed. The Vehicle Forfeiture Case The vehicle being driven at the time of the DWI may be seized after a repeat offense of DWI or Driving While Revoked in some jurisdictions, especially Albuquerque. A civil hearing must be requested within five days of the notice to avoid automatic forfeiture of the vehicle. The vehicle can be seized even if you do not own it. The MVD License Revocation Hearing The MVD civil hearing seeks to take away the DWI offender's privilege to drive more quickly than the criminal trial, whether or not you are convicted of the crime. You can lose your driving privilege for six months or 1 year in this proceeding. The hearing must be requested in writing within 10 days of arrest and sent to Santa Fe MVD with a $25 check or money order, otherwise you will be automatically revoked 20 days after arrest. 6 month revocation: If an individual is over 21 years old and the breath/blood test result was a .08 or greater. 1 year revocation: 1. Refusal to take the breath/blood test; or 2. License was previously revoked; or 3. Person less than 21 years old and the test result is a .02 or higher. Driving on a revoked license will result in arrest and penalties of 7 to 364 days jail, $300 to $1000 fine, an additional one year loss of license, and potential vehicle immobilization or forfeiture. Driving privileges will not be restored until the period of revocation has expired, application to MVD is made and all fees paid. In order to qualify for a driving privilege after a license revocation of 5 years or more, an order of reinstatement from a district court must first be obtained. Interlock License The interlock license may be court ordered as a condition of release from jail, as part of the criminal sentence, or may be obtained so the individual can continue driving while revoked. This license option is available to all who are revoked. Service providers to install and maintain a breath alcohol ignition interlock device on a vehicle are available across New Mexico.
5. Giron Law Office: When you are arrested for DWI, TWO SEPERATE and DISTINCT legal proceedings are initiated I. The Criminal Court Case What is at stake? Your Liberty Your privilege to drive Your Good Record What do you need to do? Talk to a lawyer immediately. Don't wait. There are many ways a lawyer can assist you. A good lawyer will Answer questions about your judge; will Assist with bonding, employment, and travel issues that are affected by an arrest. Arrange a waiver of appearance at certain hearings so as to minimize the impact of Court hearings on your life. Good lawyers will immediately visit their client's in jail to discuss their defense and options. If you can't afford to hire a private attorney, call the New Mexico Public Defender Department at 505 841 5100. If you qualify, they will represent you for free. What happens Next? Your lawyer formally informes both the Government and the Court that you have defense counsel on your side. She insures that all deadlines are strictly upheld in your favor, files motions, reviews discovery, investigates, and prepares for trial. If at any time the government or the court fails to comply with the many laws and rules governing a DWI case, your lawyer tries to get the case thrown out. II. The MVD Administrative Revocation Process What is at stake? Your privilege to drive. What do you need to do? Request an Implied Consent Act hearing. There are strict deadlines that apply! What happens Next? Your lawyer prepares for a hearing where the police must testify and certain rules apply. Your lawyer will represent your interests at this hearing and fight for you. There are serious and sometimes confusing consequences that flow from the administrative process. For instance, a recent change in the law will require more people to install an Interlock Device. This new law takes effect June 2009. Only a lawyer who is up-to-date on the newest and ever changing laws can do the best for her client. DWI defense is different from other types of law because it is constantly changing. Hire a lawyer who is familiar with DWI in your juristiction.
6. Border Law Office: * Divorce for Men * DWI / DUI * Domestic Violence * Felony Defense * Misdemeanor Defense
7. Samore, John: Conviction of drunk driving has severe consequences on your job, your family, your auto insurance, and your lifestyle. New Mexico is notorious for vigorous enforcement of driving while intoxicated or otherwise impaired laws. None of us want drunken persons driving vehicles, and we support this broad principle. These laws are designed to protect us all, but sometimes they may be too aggressively applied or unfairly applied.
8. Tinker, Bill: DUI Defense
9. Gilchrist Law Firm: * Drug crimes: Possession, trafficking, manufacturing * Theft: Burglary, robbery, armed robbery * DUI/DWI: Criminal proceeding; administrative proceeding (license revocation) * Violent crimes: Assault, battery (including domestic violence) * Sex crimes: Rape, child pornography, and others
10. Robbenhaar, John: If you are facing charges related to Òdrunken driving,Ó it is very important to know your rights and what to expect, if you are going to successfully negotiate the maze of bewildering procedures and protect yourself against the potentially devastating punishments imposed by the New Mexico court system. The assistance of skilled legal counsel is key to moving forward with your life, as these charges, improperly defended, can ruin your future. First of all, a driver stopped and suspected of DWI will be asked to perform a series of "field sobriety tests" Ñ tests which are challenging for most people to perform well under the best of conditions. You may also be asked to take a ÒPBT" (preliminary breath test), and the officer often fails to advise you that you are not required to submit to this test. If you are arrested, you will then be required to submit to breath or blood testing, usually at the police station and without any right to speak with an attorney. If you refuse to take the breath or blood test, or if the police officers feel that you are not cooperating to their satisfaction, you might be charged with a Òrefusal,Ó which triggers mandatory jail sentences and a one-year license suspension. If the breath test result registers over .08% Blood Alcohol Content (BAC), or if there is a blood sample withdrawn or a refusal reported, the police will confiscate your driverÕs license and issue a Ònotice of revocation.Ó In this situation, you now face two different battles. First, you must deal with a criminal prosecution in the court system, where you will be charged with driving under the influence of alcohol (or, possibly, driving under the combined influence of alcohol and drugs). If the breath or blood test was over .08%, you will also be charged with the so-called "per se" offense: driving with over .08% blood-alcohol. Properly defended, the criminal charges will involve several court hearings. In addition to potential jail time, a criminal conviction results in mandatory license revocation for a minimum of one year. Second, in addition to and separate from criminal penalties, you must also deal with the administrative license suspension. A first offense DWI involves a six-to-twelve month suspension, depending on whether you refused to take the breath or blood test; a second offense may involve a two-year revocation period, and a third offense a three-year revocation. Other revocations in New Mexico may extend to five or ten years or longer, depending. These suspensions can be successfully contested by an experienced DWI attorney, but it is critical in this situation that you or, preferably, your attorney, contact the DMV within 10 days of the arrest. The importance of this cannot be overstated; absent a timely request, there will be no hearing and the suspension will automatically take effect 20 days after the arrest. These criminal and administrative proceedings can be effectively managed by a skilled, compassionate attorney with expertise in drunk driving cases.
11. Henry de la Garza:

    IT IS IMPORTANT THAT YOU DO NOT DELAY IN BEING MADE AWARE OF YOUR RIGHTS SO THAT THEY ARE PROTECTED. 

    Your main concern (other than potential jail time and fines) is how much representation may cost?  Each case is different with each matter having a unique set of issues and facts. After evaluating your case I will quote you a fee for my representation.  I do have a payment plan if you are unable to pay the retainer in full.  Credit card payments are also accepted for your convenience. I will provide a free initial consultation evaluating your case, discussing the strengths and weaknesses and answer any of your questions.   

    ANSWERS TO FREQUENTLY ASKED QUESTIONS REGARDING DWIâS:

    1. You only have 10 days from the date you received your Notice of Revocation to send a request for hearing, along with payment to the Motor Vehicle Division (MVD) in Santa Fe, otherwise you will lose your driving privileges and become revoked for a minimum of 6 months or longer.  You should immediately obtain a new driverâs license from MVD, do not get an identification card because this will invalidate your temporary driving privileges.  You may continue to drive if you have properly requested a hearing (request for hearing with the appropriate fee) and if no other impediments exist suspending your driving privileges through MVD.  If you have not requested a hearing within 10 days then you only have twenty days of temporary driving privileges before your license becomes revoked.  Your ability to drive will be subject to any conditions the court may impose (Ignition Interlock).  An MVD hearing must be held within 90 days of the date on the Notice of Revocation you received; a decision will be made by MVD regarding whether or not you license will be revoked or not. Commercial Driverâs Licenses (CDLâs) and minors (under 21 years of age) essentially have the same above noted requirements.  HOWEVER different statutory levels for Breath Alcohol Content (BAC) exist (for MVD purposes) and notice requirement for the CDL to employers.  I will provide you more information at your consultation.   

    2. You have a statutory right to disqualify the judge assigned to your case, subject to a time deadline.  Different judges have different judicial philosophies on criminal matters; you need to make sure your rights are protected by consulting with an attorney as to your assigned judgeâs outlook and perspective. 

    3. You can waive your Arraignment and plead not guilty if a proper waiver, signed and understood by you is accepted and filed with the court, without your having to go to court. 

    4. You can waive your appearance at various hearings if a proper waiver, signed and understood by you is accepted and filed with the court. 

    5. The State has approximately 6 months (182 days) from the date of your arraignment or the filing of a Waiver of Arraignment to prosecute your case if the court has granted no extensions of time and if you cause no delays or continuances your case will be dismissed with prejudice.     

    6. Some DWIâs are called ãAggravated DWIä this is because your breath score was at or above .16, you refused to take a breath test or you were involved in an accident which caused injuries while under suspicion of driving under the influence.  The court may impose minimum mandatory jail time because of the aggravated portion of the charge you are facing.