Brought to you by Colorado DUI Drunk Driving Defense

Albuquerque DWI Lawyers

1. Tinker, Bill: DUI Defense
2. 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
3. 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 If the breath test result registers over .08% Blood Alcohol Content (BAC), or if there is a blood sample withdrawn or a refusal reported, the police will confiscate your driverÕs license and issue a Ònotice of revocation.Ó In this situation, you now face two different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.
4. 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.