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Albuquerque DWI Lawyers

1. Derad Law Firm: Criminal Law Unlike civil law, which involves private law suits between two or more private entities, criminal law attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. Any act or failure to perform an act as designated by public law is considered a crime. With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea) and the intent to do social harm. Crimes are classified as 'misdemeanors' (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana) and 'felonies' (more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder). In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But, the prosecutor in a criminal law case has to prove to the judge or jury 'beyond a reasonable doubt' that the defendant is guilty of the crime charged.
2. Riggs, Joseph: Criminal Defense
3. Hannum, Eric: DEFINITIONS: "Per Se" Blood Alcohol Concentration (BAC) Level As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. "Zero Tolerance" Blood Alcohol Concentration (BAC) Level All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent. "Enhanced Penalty" Blood Alcohol Concentration (BAC) Level Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions. "Implied Consent" Laws "Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. New Mexico DUI Law Highlights: Selected Penalties (Table 2) State Administrative License Suspension/Revocation (1st/2nd/3rd Offense) Mandatory Alcohol Education and Treatment/Assessment Vehicle Confiscation Possible? Ignition Interlock Device Possible? New Mexico 90d/ varied/ varied Both No 2nd offense Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed. DEFINITIONS: Administrative License Suspension/Revocation The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense. Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses. Mandatory Alcohol Education and Assessment/Treatment Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs. Vehicle Confiscation Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI. Ignition Interlock A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.
4. Sanchez, Dorothy: Felonies DWI defense Domestic violence Misdemeanors Revoked licenses State and Federal crimes
5. Kubiak, Simon: DWI law can be pretty complex and its intricacies are not understood by all. It takes a specialized attorney to handle your case if you have been arrested for drunk driving.
6. Sirignano, Amy: criminal matters
7. Collins & Collins: Driving Under the Influence is taken very seriously in new Mexico. It is important that you know your rights and the possible consequences from the charges against you. contact an attorney immediately to insure that you do not miss any important deadlines and thereby jeopardize your rights. The following material will provide you with answers to some of the questions you no doubt have: * Will I lose my driverŐs license? * Can I get a limited driverŐs license? * Will I go to jail if I am convicted? Time is of the Essence! You have ten days from the date of your DWI citation in which to request a hearing on the revocation of your driverŐs license by the Motor Vehicle Department. You have ten days from your arraignment on the criminal charges to excuse the judge hearing your case. In Albuquerque, you only have four days to request a hearing to contest the seizure of your automobile. Waiting to hire a lawyer can have serious consequences on your privilege to drive in New Mexico and on your criminal case. Call immediately to discuss your case with us. Will I lose my driverŐs license? If you are convicted of DWI, you will lose your privilege to drive in New Mexico as a result of that conviction unless this DWI is your true first DWI and you participate in the first offender program. However, you can also lose your privilege to drive through administrative action by the Motor Vehicle Department (MVD) even if you win the DWI criminal case. Your privilege to drive can be revoked by MVD for 90 days or longer depending on whether you took the breath test or not, and depending on whether you have prior convictions for DWI. You must apply to have your license reinstated with MVD after the revocation period. It isnŐt automatic. Can I get a limited driverŐs license? A limited license can be obtained in some situations. If a limited license is granted, it is limited to driving for purposes of work, school attendance or attendance at a court-ordered treatment program. First Offense Requirements: A limited license is available thirty days after revocation if your license was revoked for having a BAC of .08 or higher at the MVD hearing, but it is not available if your license was revoked for failure to submit to the breath test. The following are the requirements for a limited license: 1) Enrollment in DWI school; 2) Alcohol screening; and 3) Proof of insurance. Second or third Offense Limited License: All the above plus 1) The Judgment and Sentence must provide that you will be on probation during the entire time of the limited license; and 2) You must install an ignition interlock device. Will I go to jail if I am convicted? If this is your first offense and it is not aggravated, most courts have a Ňfirst offender program.Ó The typical program involves a) participating in alcohol abuse screening and, if necessary, counseling; b) attending a DWI school; c) attending a Victim Impact Panel; d) community service; and e) payment of fines and fees. The good news: No jail time if you participate in the first offender program! . You do not lose your driverŐs license as a result of the conviction if you successfully complete the program. However there are costs and fees associated with this program and you will have to make restitution for any economic harm caused. You may receive up to 90 days of jail time upon conviction for a first offense if you donŐt participate in the first offender program. For second and subsequent DWI convictions, there is mandatory minimum jail time, plus possible jail time of up to a year for second or third offense, and longer for fourth or subsequent offenses. There are also fines associated with DUI convictions. It is very important that you understand the your rights and the possible punishments for your offense. You should contact an attorney immediately to insure that your rights are not jeopardized.
8. Wolf & Fox: misdemeanor level offenses, including drunk driving (DWI) and domestic violence
9. Romero, Jeff: Criminal and Personal Injury Cases
10. Johnson, Erlinda: If you have been arrested for violating the criminal law in New Mexico, or if you are merely under investigation, you want an experienced criminal defense lawyer to protect your constitutional rights. The criminal process has its own set of rules, which can be complex and confusing. Failing to follow these rules can make the difference between conviction and acquittal. An experienced attorney will make certain that your interests are protected and that you make informed decisions.
11. The Family Law Firm: DWI charges can ruin your life...
12. Jaffe Law Firm: 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. We can help protect your rights and provide an aggressive defense if you are facing drunk driving charges.
13. Carter Law Office: (E)veryone is entitled to honest, quality legal services at reasonable rates.
14. Jacquelyn Robins: DUI / DWI Attorney
15. Ousama Rasheed:

    Frequently Asked Questions by DWI Clients

    How much will representation cost?
    This depends, of course upon the unique circumstances of your case. Such factors can include any prior convictions, your age, whether your DWI charge is aggravated, whether there was an accident, the method of chemical testing, amount of attorney and staff time expected, etc. When and where possible, a flat fee for your case will be established so that there is relative certainty for the client as to cost.

    What is the difference between a DWI and an ŇAggravatedÓ DWI?
    When your blood alcohol level is between 0.08 and 0.159, you could be guilty of a DWI. If your blood alcohol level is 0.16 or above, if you refuse to submit to a chemical test of your breath or blood, or cause an accident with injuries, then you could be guilty of an Aggravated DWI. Of course, the penalties for an Aggravated DWI are more severe, including mandatory jail time.

    I received a Notice of Revocation, can I still drive?
    Yes, the Notice serves as a temporary driverŐs license for 20 days. If you or your attorney properly request an Implied Consent hearing within 10 days of your arrest, your driving privileges are extended until 14 days after the hearing, which must be held within 90 days.

    If I lose my driving privileges, can I get a limited license to drive to work or go to
    school?
    No, limited licenses are no longer available to persons who have been convicted of DWI.

    They took my license. What do I use for a picture I.D.?
    DO NOT go to the MVD and get a New Mexico Identification Card (obtaining such an I.D. card will invalidate your driving privileges!). Instead, use a new (replacement) copy of your license, a passport, a military I.D., etc.

    Am I going to jail?
    It depends. Aggravated DWIs entail mandatory jail time, but with most DWI cases, attorneys can work out alternatives with the court. Voluntarily putting yourself into an alcohol or drug counseling program before your case goes to court is very helpful.

    How much are fines and fees if I lose in criminal court?
    In Bernalillo County, fines and fees usually total approximately three hundred forty-four dollars ($344.00). This amount includes court costs, screening fee, DWI School fee, etc.

    If I am found guilty of DWI will I have to get an ignition interlock system installed in my
    vehicle?
    Yes, an ignition interlock system must be installed on all vehicles driven by an offender AND an offender must obtain an ignition interlock license. The interlock license fee is $45 and the ignition interlock fee is $960 or more per year.

    ArenŐt they supposed to ŇRead me my rightsÓ?
    Many police agencies have policies not to read a person their Miranda warnings unless they will be interrogated while in custody.

    Can I Ňkeep it off my recordÓ?
    Not unless you obtain an outright win, which means winning the MVD hearing and the criminal case. The records will remain available through the Motor Vehicle Division, even if the matter is deferred in criminal court. A deferred DWI conviction can also be used as a prior in a subsequent DWI case to enhance the sentence. Conditional discharges on DWI cases are, unfortunately, against the law in New Mexico.

    I have heard about the Ňsix month ruleÓ, does that apply to me?
    Unless the court orders and/or the parties agree to an extension, the State must begin your trial within 182 days of your arraignment or the filing of a waiver. If the State fails to do this, then the charges are dismissed and may not be brought against you again for this particular DWI.