PJM Law

DWI Defense Attorney Albuquerque, NM

Experienced DWI Defense Representation in Albuquerque, NM

A DWI arrest is frightening. You're worried about your license, your job, your family. Patrick J. Martinez has handled DWI cases in Albuquerque courts for over 25 years, and he knows how the system works, from the MVD hearing all the way through trial.

Under NMSA § 66-8-102, a first-offense DWI in New Mexico means driving with a blood alcohol content of 0.08 or higher, or driving while impaired by alcohol or drugs to any degree. The law covers more than just alcohol. Prescription medications, marijuana, and controlled substances can all form the basis of a DWI charge in Bernalillo County.

Patrick handles DWI cases at every stage, from the critical 20-day window after your arrest to jury trials in Albuquerque district and magistrate courts.

What Happens After a DWI Arrest

The clock starts the moment you're arrested. New Mexico MVD rules give you 20 days to request a hearing to contest your license revocation. Miss that deadline and your license is automatically suspended. Patrick's office files the hearing request the day you call.

Your First DWI in New Mexico

A first-offense DWI conviction under NMSA § 66-8-102 carries up to 90 days in jail (a minimum of 24 hours must be served), fines of $500 to $1,000 plus court costs, mandatory community service, ignition interlock installation on your vehicle, and DWI school. The consequences follow you. Insurance rates spike. Employers can see the record. Certain professional licenses become harder to keep.

Patrick looks at every DWI case with fresh eyes. Was the traffic stop legal? Was the breath test machine properly maintained? Did the officer follow field sobriety test protocols? One procedural problem can change the outcome entirely.

What to Expect

1

Arrest and booking

You're taken into custody, processed, and released on bond. The arresting officer issues a Notice of Revocation of your driving privileges.

2

20-day MVD hearing request window

New Mexico law gives you 20 days from arrest to request a Motor Vehicle Division hearing to contest your license revocation. This is a separate process from your criminal case and the deadline is absolute.

3

First appearance and arraignment

You appear before a judge, are formally charged, and enter a not guilty plea. Bail conditions may include ignition interlock or no-alcohol provisions.

4

Discovery and investigation

Patrick requests all police reports, breath or blood test records, and video footage. Field sobriety tests, calibration logs, and chain-of-custody records all get reviewed.

5

Plea negotiations or trial preparation

Many DWI cases resolve through negotiation. When they don't, Patrick prepares every case as if it's going to trial, because sometimes it does.

6

Sentencing or dismissal

A conviction means penalties under NMSA § 66-8-102. A dismissal or acquittal means you walk out of court with your record intact.

Results That Matter

DWI Defense

DWI Charges Dismissed

Albuquerque client arrested for DWI after a traffic stop. Patrick challenged the legality of the stop and the administration of field sobriety tests. Charges dismissed at the motion to suppress stage.

Past results do not guarantee future outcomes. Every case is different and depends on its specific facts and circumstances.

DWI Defense

First Offense DWI: Not Guilty

Client charged with first-offense DWI based on breath test result. Patrick attacked the calibration records for the testing device and the officer's field sobriety procedure. Jury returned a not guilty verdict.

Past results do not guarantee future outcomes. Every case is different and depends on its specific facts and circumstances.

Why Clients Choose Patrick J. Martinez

25 years in Albuquerque courts

Patrick has tried DWI cases in Bernalillo County, Sandoval County, and Santa Fe County. He knows the judges, the prosecutors, and the science behind the breath tests.

The MVD deadline doesn't wait

The 20-day window to request your hearing is one of the most missed deadlines in New Mexico criminal law. Patrick's office files the same day you call.

Patrick fights the evidence, not just the charge

Field sobriety tests get misadministered. Breath test machines go out of calibration. Traffic stops happen without legal justification. These aren't technicalities. They're the facts that determine guilt or innocence.

Frequently Asked Questions

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The information on this page is for educational purposes only and does not constitute legal advice for your specific situation.