Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Brett Surbey
Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Getting charged with a DUI can feel beyond overwhelming and create concerns about your career, reputation and family life going forward. Not to mention the potential loss of your vehicle or licenses for a period of time.
Getting the right lawyer on your side can help you navigate this difficult period. To help you get the best counsel possible, Forbes Advisor meticulously reviewed numerous lawyers in the Albuquerque area to come up with the best DUI lawyers based on objective criteria. We have also included a brief guide on the laws regarding DUIs in the state.
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Best DUI Attorneys in Albuquerque, NM
Compare Top DUI Attorneys
DUI Laws in New Mexico
The following sections break down New Mexico’s DUI laws and procedures so you know exactly what to expect from the initial arrest to the kinds of penalties you could face if convicted.
Legal Blood Alcohol Concentration (BAC) in New Mexico
In the state of New Mexico, drivers over the age of 21 are not allowed to operate a vehicle with a blood alcohol concentration (BAC) of 0.08 or higher. Drivers under 21 have a legal limit of 0.02, and commercial drivers have a limit of 0.04 BAC. It’s critical to remember that even if your BAC is under the legal limit, you can still be charged with a DUI if it can be proved the alcohol in your system impaired your ability to drive.
If the DUI case involved the injury of another person, or if the driver had a BAC of 0.16 or higher, they will be charged with aggravated DUI—this comes with stricter penalties. An aggravated DUI has a mandatory jail time increase of 48 hours for a first offense, 96 hours for a second offense and 60 days for a third offense.
Implied Consent Laws in New Mexico
New Mexico has strict implied consent laws, meaning that any person who drives a vehicle has been deemed to have consented to a breathalyzer or blood test to determine their blood alcohol level. These laws only apply if the police officer has reasonable grounds to believe the driver is under the effects of drugs or alcohol.
If a driver refuses a BAC test, their license can be revoked, regardless of whether they are convicted of a DUI or not. Even if a driver has no prior offenses on their record and refuses a test, they will lose their license for one year.
DUI Penalties in New Mexico
The penalties you incur for a DUI in New Mexico largely depend upon how many prior offenses you have, as in other states. New Mexico’s DUI penalties are unique in that any prior conviction is taken into account—no matter how long ago it occurred.
| Offense | Fines | Jail Time | Community Service | Length of License Revocation |
|---|---|---|---|---|
|
First offense
|
Up to $500
|
48 hours to 90 days
|
24 hours
|
One year
|
|
Second offense
|
$500 to $1,000
|
96 hours to 364 days
|
48 hours
|
Two years
|
|
Third offense
|
$750 to $1,000
|
30 to 364 days
|
96 hours
|
Three years
|
|
Fourth offense
|
Up to $5,000
|
6 to 18 months
|
N/A
|
Lifetime (reviewed after five years)
|
The jail time and fines associated with the first three offenses of a DUI are not as severe as the fourth, for good reason. The first DUI convictions are considered only misdemeanors, whereas the fourth and up are considered felonies.
In addition to the chart above, offenders are put on probation for specific periods depending on the prior amount of convictions:
- First offense: up to one-year probation
- Second, third and fourth offenses: up to five years probation
Another penalty to be aware of is the use of ignition interlock devices (IIDs) for all DUI offenders, regardless of prior convictions. IIDs require the user to use a breathalyzer linked to their vehicle’s starter—only if the blow with no alcohol on their breath can the vehicle be started. Offenders are also given an IID license while they are under these requirements. First offenders must have an IID for one year, with each following conviction increasing the requirement by one year. The fourth offense requires the use of an IID for three years.
What to Expect After a DUI Arrest in New Mexico
After an officer pulls you over and confirms you may be driving under the influence of alcohol or another substance, either through the use of a breathalyzer or signs of intoxication, they will arrest you. Once arrested, you will be taken to a police station, where the staff will take your fingerprints and other personal information. You may or may not be released from the police after this process, depending on the seriousness of your offense and the circumstances surrounding it (e.g., if someone was injured).
If your license was confiscated as part of the arrest process, the officer will notify the New Mexico Motor Vehicle Department (MVD), and your license will be revoked for a minimum of six months, depending on whether this is your first offense. You can request an administrative hearing regarding your license revocation within 10 days. Otherwise, your license will be revoked 20 days after your arrest. A driver with a revoked license may be eligible for an ignition interlock device (IID) rather than having their license suspended, so long as they did not refuse blood alcohol testing.
How Can an Attorney Help You?
If you are charged with a DUI, a lawyer will work to get you the best result possible—whether that is a full dismissal of charges or a plea bargain. Right after you are arrested, a DUI lawyer will help you understand your legal options and get your case moving forward.
In addition to compiling evidence for your case, organizing paperwork and meeting filing deadlines, an attorney will look for issues in the prosecutor’s case, such as procedural misconduct or if the breathalyzer used on site was properly calibrated.
A competent attorney will work hard to help you avoid jail time or the revocation of your license, even if that means paying a fine or completing community service duties.
How to Choose the Best DUI Lawyer in Albuquerque, NM
Finding the best DUI lawyer for your case isn’t just about scouring the internet and poring over reviews. You should pay attention to some key factors to help filter your results and find the best attorney for your situation. Keep them in mind while reading through this guide.
- DUI case experience. Though many lawyers may handle various criminal defense cases, that doesn’t mean they have DUI-specific experience. Finding a lawyer who has handled many DUI cases means they know what to expect.
- Trial experience. Though many criminal charges never go to trial, hiring an attorney who can argue proficiently might be necessary if a plea bargain falls through.
- Comforting. DUI cases can be emotionally taxing and nerve-wracking, to say the least. A lawyer willing to hear your concerns can help you feel at ease.
Methodology
To come up with the best DUI lawyers in Albuquerque in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How long does a DUI stay on your criminal record in New Mexico?
If you are convicted of a DUI in the state of New Mexico, it will stay on your criminal record for 55 years. Regardless of the penalties you get, or if you are a first offender, the amount of time your charge stays on your record is unchanged. Expungement is not available for DWI offenses.
Is a DUI considered a felony in New Mexico?
In the state of New Mexico, a DUI is typically considered a misdemeanor, especially if it is a first-time offense. However, if a driver has three DUI convictions, every subsequent conviction will be considered a felony instead of a misdemeanor and subject to harsher penalties.
Is there a difference between a DUI and a DWI in New Mexico?
Unlike some other states, New Mexico does not legally differentiate between driving while intoxicated (DWI) and driving under the influence (DUI). Both terms carry the same meaning and the same penalties and apply in cases where someone is intoxicated due to drugs or alcohol.
