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 free 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 “Aggravated DWI”?
When your blood alcohol level is between .08 and .159, you could be charged with DWI.  If your blood alcohol level is .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 charged with an Aggravated DWI.  Or 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 driver’s license for 20 days.  If you, or your attorney, properly request an Implied Consent hearing from the MVD within 10 days of your arrest, your driving privileges are extended until decided by the hearing officer at the MVD Hearing held within 90 days from the date of your arrest.

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.  However, all drivers revoked based on a DWI are eligible for ignition interlock licenses, which allow you to drive anywhere, anytime, as long as the license is obtained and the vehicle is equipped with an ignition interlock device.

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, go to MVD and request a duplicate license as soon as possible after your arrest.  You may also use a passport, 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, court costs, and fees if I lose in criminal court?
In Bernalillo County, court costs and fees usually total approximately three hundred sixty-six dollars ($366.00).  This amount includes court costs, screening fee, DWI School fee, etc.  Fines of $500 to $1,000 can also be imposed.

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 $60-90 plus installation, removal, and download fees.

Aren’t they supposed to “Read me my rights”?
Many police agencies have policies not to read a person their Miranda warning unless they will be interrogated while in custody.

Can I “keep it off my record”?
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 “six month rule”, does that apply to me?
Unless the court orders and/or parties agree to an extension, the State must begin your trial within 182 days of your arraignment or 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.

What can I do to help myself?
Consult legal counsel immediately to make sure you don’t miss important deadlines.  Consider voluntary alcohol counseling, which may address a serious alcohol problem, or prevent one from happening.

New Metropolitan Court Rule effective May 5, 2007
For cases filed in the Bernalillo County Metropolitan Court on or after May 5, 2007, a new rule applies regarding the disclosure of discoverable materials.  The new rule states that the state shall provide discovery in their possession within 30 days after an arraignment or filing of a waiver. 

The new DWI law: “Within Three Hours”
The most significant change in DUI law became effective in April 2007.  The new law states that a person can be found guilty of DWI if they have a blood alcohol content (BAC) of .08 or greater within three hours of driving and resulting from alcohol consumed prior to or while driving.

If I win my MVD Hearing, can I still lose my license?
Yes.  Your license may be revoked if  you are ultimately convicted in the criminal case.

Can my vehicle be seized, and if so, when can I get it back?
Yes, the City of Albuquerque can seize your vehicle.  You can get it back under certain circumstances and conditions.  The City has the ability to work out agreements to return a seized car to innocent owners and sometimes the offender.  You or your attorney must timely request a hearing from the City.  These agreements usually involve boot devices, ignition interlocks, and a significant payment to the city.