DWI/DUI

DWI/DUI Attorney in New Mexico

DWI/DUI ATTORNEY IN NEW MEXICO

Effective Representation at New Mexico MVD Hearings

In addition to criminal charges filed by the State, most people arrested for DWI in New Mexico will face an MVD administrative hearing regarding revocation of the individual’s driver’s license.  The loss of your driving privileges can have a devastating impact on your day to day life, so you need to understand your rights and present an effective defense at the administrative hearing. The MVD administrative hearing differs substantially from the criminal proceeding in terms of the procedural rules and burdens of proof. The Amador Law Firm can explain your rights in clear, understandable language and provide zealous advocacy at the MVD hearing.

Requesting an MVD Hearing

When you are arrested for DWI in New Mexico, the law enforcement officer may take your driver's license and will give you a form called a “Notice of Revocation”. If the officer takes your license, this form will function as a temporary driver’s license following your arrest.  Of critical importance, the form also provides your notice instructions on how to request a hearing.  The request for a hearing must be submitted within ten (10) days of the arrest, or your driver’s license will be suspended or revoked without any further recourse. If the hearing is timely requested, the driver's license will remain valid until the hearing is held and a decision is issued by the MVD. If a driver or their attorney does not submit a timely hearing request, the MVD will revoke the driver's license twenty (20) days from the date of arrest.

If you have been arrested for DWI, you only have ten (10) days from the date of your arrest to request a hearing with the MVD. Please contact the Amador Law Firm as soon as possible to avoid an automatic driver's license revocation. The Amador Law Firm will request your MVD hearing for you if you retain our services within the 10 day MVD hearing request deadline.

DWI/DUI Attorney in New Mexico

DWI charges are extremely common in New Mexico. A DWI arrest can happen to anyone, of any socioeconomic background.

Rafael Amador, Esq. has extensive training and knowledge regarding field sobriety testing, 4th Amendment law, chemical testing of blood alcohol concentration (BAC), police procedures, and the myriad of scientific disciplines relevant to key issues and defenses in Driving While Intoxicated cases.

Defending Alcohol, Marijuana & Drugged DWI/DUI

If you are charged with a Driving Under the Influence of alcohol, marijuana or a prescription drug, the Amador Law Firm will explain the process, including both the MVD administrative license revocation process and the DWI criminal court proceedings. The Amador Law Firm will craft defense strategies based on the details of your situation, some of the defenses we might assert include:

  • Challenging the legality of the initial stop due to lack of reasonable suspicion. 
  • Challenging whether a driver was intoxicated at the time of driving or in control of the vehicle 
  • Aggressively cross-examining the officer regarding his observations and conduct 
  • Revealing improprieties involving procedures and scoring of field sobriety tests (FSTs) 
  • Exposing improper procedures in conducting breath tests (i.e., no 20 minute deprivation period prior to test) 
  • No “probable cause” for the DWI arrest 
  • Attacking breath testing device because of improper functioning or calibration 
  • Demonstrating officer’s lack of training in conducting FSTs 
  • Arguing alternative interpretations of poor driving (e.g., fatigue, illness, inexperience) 
  • Highlighting mishandling of the blood specimen in terms of the draw, transportation or storage 
  • Seeking exclusion of damaging statements obtained illegally 
  • Exposing officer’s lack of credibility based on personnel file and/or prior cases 
  • Attacking breath testing because of factors like rising blood alcohol, radio frequency interference, mouth alcohol (dental work, heartburn, acid reflux, belching, mouth wash, etc.) 

These are just some of the defenses that the Amador Law Firm might consider when analyzing lapel videos, the police report, toxicology results, chemical testing maintenance records, police procedures and/or testimony and other relevant evidence.

Effective Representation at New Mexico MVD Hearings

In addition to criminal charges filed by the State, most people arrested for DWI in New Mexico will face an MVD administrative hearing regarding revocation of the individual’s driver’s license.  The loss of your driving privileges can have a devastating impact on your day to day life, so you need to understand your rights and present an effective defense at the administrative hearing. The MVD administrative hearing differs substantially from the criminal proceeding in terms of the procedural rules and burdens of proof. The Amador Law Firm can explain your rights in clear, understandable language and provide zealous advocacy at the MVD hearing.

Requesting an MVD Hearing

When you are arrested for DWI in New Mexico, the law enforcement officer may take your driver's license and will give you a form called a “Notice of Revocation”. If the officer takes your license, this form will function as a temporary driver’s license following your arrest.  Of critical importance, the form also provides your notice instructions on how to request a hearing.  The request for a hearing must be submitted within ten (10) days of the arrest, or your driver’s license will be suspended or revoked without any further recourse. If the hearing is timely requested, the driver's license will remain valid until the hearing is held and a decision is issued by the MVD. If a driver or their attorney does not submit a timely hearing request, the MVD will revoke the driver's license twenty (20) days from the date of arrest.

If you have been arrested for DWI, you only have ten (10) days from the date of your arrest to request a hearing with the MVD. Please contact the Amador Law Firm as soon as possible to avoid an automatic driver's license revocation. The Amador Law Firm will request your MVD hearing for you if you retain our services within the 10 day MVD hearing request deadline.