Frequently Asked  DWI Questions

IT IS IMPORTANT THAT YOU DO NOT DELAY IN BEING MADE AWARE OF YOUR RIGHTS SO THAT THEY ARE PROTECTED

Your main concern (other than potential jail time and fines) is how much representation may cost?  Each case is different with each matter having a unique set of issues and facts. After evaluating your case I will quote you a fee for my representation.  I do have a payment plan if you are unable to pay the retainer in full.  Credit card payments are also accepted for your convenience. I will provide a free initial consultation evaluating your case, discussing the strengths and weaknesses and answer any of your questions.   

ANSWERS TO FREQUENTLY ASKED QUESTIONS REGARDING DWI’S:

1. You only have 10 days from the date you received your Notice of Revocation to send a request for hearing, along with payment to the Motor Vehicle Division (MVD) in Santa Fe, otherwise you will lose your driving privileges and become revoked for a minimum of 6 months or longer.  You should immediately obtain a new driver’s license from MVD, do not get an identification card because this will invalidate your temporary driving privileges.  You may continue to drive if you have properly requested a hearing (request for hearing with the appropriate fee) and if no other impediments exist suspending your driving privileges through MVD.  If you have not requested a hearing within 10 days then you only have twenty days of temporary driving privileges before your license becomes revoked.  Your ability to drive will be subject to any conditions the court may impose (Ignition Interlock).  An MVD hearing must be held within 90 days of the date on the Notice of Revocation you received; a decision will be made by MVD regarding whether or not you license will be revoked or not. Commercial Driver’s Licenses (CDL’s) and minors (under 21 years of age) essentially have the same above noted requirements.  HOWEVER different statutory levels for Breath Alcohol Content (BAC) exist (for MVD purposes) and notice requirement for the CDL to employers.  I will provide you more information at your consultation.   

2. You have a statutory right to disqualify the judge assigned to your case, subject to a time deadline.  Different judges have different judicial philosophies on criminal matters; you need to make sure your rights are protected by consulting with an attorney as to your assigned judge’s outlook and perspective. 

3. You can waive your Arraignment and plead not guilty if a proper waiver, signed and understood by you is accepted and filed with the court, without your having to go to court. 

4. You can waive your appearance at various hearings if a proper waiver, signed and understood by you is accepted and filed with the court. 

5. The State has approximately 6 months (182 days) from the date of your arraignment or the filing of a Waiver of Arraignment to prosecute your case if the court has granted no extensions of time and if you cause no delays or continuances your case will be dismissed with prejudice.     

6. Some DWI’s are called “Aggravated DWI” this is because your breath score was at or above .16, you refused to take a breath test or you were involved in an accident which caused injuries while under suspicion of driving under the influence.  The court may impose minimum mandatory jail time because of the aggravated portion of the charge you are facing.   

You probably have many other questions, which are unanswered at this time.  I would be happy to answer your questions in a free initial consultation in person or by telephone.  I will review and give you a clear assessment of your case.  I will provide you a reasonable price quote to represent you after looking over all of the circumstances of your case and I am reasonable in working out a payment plan if you need it.  Delaying can only harm you!       

PLEASE CALL ME TODAY AT (505) 247-3109 FOR YOUR FREE CONSULTATION