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 make-or-break 10-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 10 days to request a hearing to contest your license revocation. Miss that deadline and your license is automatically revoked 20 days after your arrest. 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 simple first offense has no mandatory jail time, though an aggravated charge or test refusal requires 48 consecutive hours), fines up to $500 plus court costs, a minimum of 24 hours of 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.
Our DWI Defense Services
First-Offense DWI
A first DWI carries jail exposure, DWI school, and an ignition interlock requirement under NMSA § 66-8-102. Learn what a first offense means for you.
Felony DWI
Aggravated and fourth-offense DWI charges carry felony penalties and mandatory jail time. Patrick defends the highest-stakes DWI cases in Albuquerque.
Driver's License Revocation & MVD Hearings
The administrative case against your license moves on its own deadline, separate from your criminal case. Patrick handles MVD hearings alongside the defense.
DWI Breath/Blood Test Refusal
Refusing a breath or blood test triggers its own license consequences under New Mexico's implied consent law. Patrick explains what a refusal means for your case.
Results That Matter
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.
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.
