Experienced DWI/DUI Attorneys Serve Albuquerque and Vicinity
New Mexico lawyers offer aggressive representation to protect your rights
A drunk driving conviction can have devastating consequences, including not only fines and possible jail time but also restriction or loss of driving privileges. If you’ve been arrested in Albuquerque or its vicinity on a DWI charge, you need an experienced New Mexico lawyer fighting for your rights. At Rasheed & Associates, P.C., we pride ourselves on a thorough and aggressive legal approach coupled with an understanding of the potential hardships faced by our clients. When you retain our services, you get skilled, aggressive representation focused on delivering the best possible results.
Facing DWI for alcohol and/or drugs in Albuquerque
DWI (driving while impaired) and DUI (driving under the influence) are often used interchangeably. In New Mexico, DWI is the offense that applies to all alcohol- or drug-impaired driving. Drivers in the following categories can be convicted of DWI if testing shows blood-alcohol content (BAC) at or above these levels:
- Adult driver — 0.08 percent
- Commercial driver — 0.04 percent
- Driver under the age of 21 — 0.02 percent
Even if you test below these levels, you can be convicted of DWI if other evidence shows your driving was impaired by the amount of alcohol you consumed. Similarly, if you are driving after having used marijuana or even a prescription medication, you are judged on your level of impairment.
Independent of criminal charges, drivers face license revocation for testing at these levels or for refusing to take a breath test. A refusal carries a one-year revocation, even for a first offense. A positive breath test results in a six-month revocation for a first offense and increasingly longer revocations for subsequent offenses, though you have a right to hearing before the Motor Vehicle Division.
Penalties for DWI convictions in New Mexico
DWI is not a simple moving violation. A standard DWI is a misdemeanor, carrying criminal penalties as follows:
- First offense — This carries a jail sentence of up to 90 days and a fine of up to a $500, along with installation of an ignition interlock device, an alcohol screening, 24 hours community service, DWI school and substance abuse treatment if recommended.
- Second and third convictions — These carry mandatory minimum jail time of 96 hours for a second offense and 30 days for a third offense, which can go up to 364 days, and a fine of up to $1,000. Installation of an ignition interlock device is required, as is DWI school, an alcohol screening, extensive hours of community service and substance abuse treatment if recommended.
Penalties for subsequent offenses are even harsher. A fourth conviction carries a maximum penalty of 18 months in jail. Convictions for a fifth, sixth and seventh offense can draw maximum sentences of two years, two and a half years and three years respectively.
DWI penalties increase dramatically based on aggravating factors, such as a BAC above 0.16 percent or a DWI-related accident causing injury or homicide. For example, if convicted of vehicular homicide involving impaired driving, a defendant could face up to six years in prison along with four years extra prison time for each prior DWI conviction within the previous 10 years.
Aggressively defending against DWI conviction in Albuquerque
We provide forceful and comprehensive representation for drivers facing:
- criminal court charges carrying jail time and fines
- license revocation in state Motor Vehicle Division hearings
- vehicle seizures for repeated DWI offenses
As part of our defensive strategies, we look for and exploit weaknesses in the state’s case, such as:
- Lack of probable cause to stop or detain a vehicle
- Lack of DWI evidence (no weaving in lanes, lack of coordination, or intoxicated appearance)
- No evidence or witness to alleged intoxicated or impaired driving
- Failure to adhere to BAC test standards
- Non-standard administration of field sobriety tests
- No proper advisement about penalties for failing to take a chemical test
- Improper calibration or maintenance of the breath Intoxilyzer used
- Inaccurate BAC reading due to failure to observe the driver’s condition before testing
You have a great deal to lose if you are convicted of DWI, which demands that you retain a criminal defense attorney who knows how to fight DWI charges. As a former prosecutor with wide experience in DWI cases, lead attorney Ousama “Sam” Rasheed understands how to identify and use the holes in the state’s case to your advantage.
Protect your rights by contacting our DWI defense firm today
Whether you or a loved one has been charged with DWI in Albuquerque or another criminal offense, the experienced lawyers at Rasheed & Associates, P.C. stand ready to fight on your behalf. Call us at 505-847-5205 or contact us online to arrange a free initial consultation. Our office is conveniently located in downtown Albuquerque at 1024 2nd Street N.W., just off Lomas Boulevard N.W.