DUI / DWI

DUI & DWI Lawyer in Albuquerque

Even if it is your first offense, driving drunk in New Mexico can have serious consequences. First offenses are typically charged as a misdemeanor. However, the consequences can escalate quickly if you are caught driving drunk multiple times.

DUI/DWI charges are never simple; they involve various factors that must be analyzed to ensure you have the best possible defense. These can range from whether police procedures were done standardly, how chemical tests were administered, whether testing equipment was properly maintained, and other technical and medical factors.

At Rudolph B. Chavez Attorney At Law, we have seen the negative repercussions of choosing the wrong attorney leading to DUI/DWI convictions. When you choose Attorney Rudy Chavez, your rights and best interests are the priority.

Armed with the experience of handling over 9,000 DWI/DUIs in Bernalillo County, Rudy is prepared to fight for the best possible results through meticulous analysis and case preparation. We proudly serve the greater metropolitan Albuquerque area, including Belen, Los Lunas, and Rio Rancho.

Connect with Rudolph B. Chavez Attorney At Law at (505) 390-7650 or online for a free case review with our Albuquerque DUI/DWI attorney.

What Is DWI in New Mexico?

Driving While Intoxicated (DWI) refers to operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for drivers aged 21 and over. The limit for commercial drivers is 0.04%, while for drivers under 21, the threshold is set at 0.02%. The state also penalizes drivers for being impaired by drugs, whether prescription, over-the-counter, or illegal substances.

While the legal limits are set as above, you can be arrested for DWI even if your BAC is below the legal limit if the prosecution can show that your driving was impaired to any degree.

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Facing legal challenges can be overwhelming, but you don’t have to go through it alone. Contact us now for a free consultation and let our experienced team guide you with compassion and understanding.

What Is the Difference Between DWI & DUI?

In New Mexico, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are often used interchangeably to describe impaired driving. However, the term DWI is more commonly employed in the state’s statutes and legal proceedings. Both terms encompass alcohol and drug impairment, though DWI is the official legal term under New Mexico law.

DWI Penalties

Penalties for a DWI conviction will vary depending on whether it is a first or subsequent offense. Other factors influencing penalties are DWIs involving injuries to others or a BAC of .16% or higher, considered an “aggravated” offense. These types of cases will result in increased mandatory jail time.

A first-offense DWI can result in:

Jail time: Up to 90 days in jail.
Fines: Up to $500.
License revocation: One-year revocation.
Ignition Interlock Device: Required for one year upon license reinstatement.
Probation: Up to one year.
Additional consequences: Mandatory DWI school, community service, and substance abuse screening.

A second-offense DWI can result in the following:

Jail time: 96 hours to 364 days in jail.
Fines: Up to $1,000.
License revocation: Two-year revocation.
Ignition Interlock Device: Required for two years upon license reinstatement.
Probation: Up to five years.
Additional consequences: Extended alcohol treatment programs, community service, and potential probation.

A third DWI offense can result in:

Jail time: Minimum of 30 to 364 days in jail for the third offense, with increasing penalties for subsequent offenses.
Fines: Up to $1,000 in fines.
License revocation: Lifetime revocation with possible reinstatement review after five years.
Ignition Interlock Device: Required for three years to lifetime upon license reinstatement.
Probation: Up to five years.
Additional consequences: Intensive alcohol treatment programs, extended community service, and mandatory probation.

A fourth and subsequent DWI offenses are charged as felonies with increasingly harsher penalties.

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How Can You Challenge a DWI Arrest?

A skilled attorney, such as Rudy Chavez, can use differing strategies to challenge the validity of a DWI arrest. These can include questioning the traffic stop to assess whether it was legally justified based on reasonable suspicion. He can also challenge field sobriety tests, which are notoriously subjective and unreliable.

Other challenges can include examining the maintenance records and calibration of breathalyzer devices to question their accuracy, verifying proper handling, storage, and analysis of blood samples, where applicable, and investigating the arresting officer’s protocol during the arrest.

At Rudolph B. Chavez Attorney At Law, we can analyze all aspects of your arrest. Furthermore, we treat you as an individual, not a criminal. We focus on prioritizing your right to a rigorous defense and fair play in the criminal courts.

Consult with our Albuquerque DWI/DUI lawyer about your case by contacting us at (505) 390-7650.

Commonly Asked Questions

How can a DUI lawyer help with my first offense charge in New Mexico?

Hiring a DUI lawyer for your first offense charge in New Mexico can be invaluable. An experienced attorney will thoroughly analyze the circumstances surrounding your arrest, including the legality of the traffic stop, the administration of sobriety tests, and the accuracy of breathalyzer results. They can identify any weaknesses in the prosecution's case and work to build a strong defense on your behalf. This can lead to reduced charges, lesser penalties, or even case dismissal. With the right legal support, you can better protect your rights and future.

What are the potential penalties for a first offense DUI in Albuquerque?

In Albuquerque, a first offense DUI is typically classified as a misdemeanor, but it can still lead to significant penalties. These may include fines, mandatory alcohol education programs, community service, and even jail time. Additionally, you may face a driver's license suspension for up to six months. The severity of the penalties can increase if aggravating factors are present, such as having a high blood alcohol concentration (BAC) or causing an accident. It's crucial to understand these potential consequences and seek legal guidance to navigate the complexities of your case.

Why Clients Choose Us

When Your Future is On the Line, We're Here to Help

Client-Centered Approach
Your voice matters in your defense, and we ensure it is heard through a collaborative planning process. By involving you in every decision, we help achieve the best possible outcome together.
Compassionate Defense
We fight for your rights with empathy and understanding, treating each case with the care it deserves.
Decades of Experience
With over 40 years of legal experience, Attorney Chavez brings unparalleled knowledge to your defense.
Affordable Representation
No one should be without legal help due to financial constraints. He offers flexible payment options to make sure you receive the defense you deserve.
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