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The DWI Process in New Mexico as Explained by an Albuquerque DWI Attorney
08 Feb 2016

The DWI Process in New Mexico as Explained by an Albuquerque DWI Attorney

Being charged with a DWI can often be a discomforting experience.  For most DWI defendants, this is the first time they have ever been in contact with the law for anything more serious than a speeding ticket.  In this article an Albuquerque DWI Attorney will explore theAlbuquerque DWI Attorney - Man Using Breathalyzer basic flow of a DWI case in New Mexico.

Arrest and First Appearance

A DWI case must start with a police officer developing probable cause that you were driving while intoxicated.  Once an officer believes he has probable cause, you will be arrested and brought before the court to determine whether bail will be imposed and what conditions of release will be ordered to safeguard the public while also protecting your right to liberty.

Arraignment

The next step in the process is arraignment, where the State formally charges you with DWI.  If you have secured an Albuquerque DWI attorney before your arraignment, your presence can likely be waived and you do no need to appear.  Your attorney will enter a not guilty plea for you.

Discovery and Consultation with Your Albuquerque DWI Attorney

Your lawyer will start requesting the evidence against you and any exculpatory evidence the prosecutor might possess in his file.  A good Albuquerque DWI Attorney will promptly share this information with you and schedule meetings to discuss your side of the case and what assertions by the State are incorrect.  Your lawyer will also discuss with you whether you should begin any alcohol or drug treatment in order to attempt to mitigate against the charge and get a better offer from the State.

Pre-Trial Hearings

During this process the court will hold pre-trial hearings to make sure the case is moving along and, if not, attempt to remedy any issues.  Eventually the case will either be set for motions, for trial, or a plea.

Motions

Often, there are issues with the State’s case that could create grounds to suppress some or all of the State’s evidence.  The court handles these matters at motion hearings.  A successful motion could cause dismissal, a better chance of success at trial, or at least a better resolution with the prosecutor.

Trial

While most cases resolve short of trial, a good attorney is always prepared to fight for you in a trial.  It is here that knowledge of the technical aspects of the Intoxilyzer and the studies behind Field Sobriety Tests are absolutely vital.

Sentencing

If your case results in either a guilty verdict or a guilty plea, the court will set a sentencing hearing.  You will likely talk with a probation officer who will make a report for the court.  There are mandatory minimum sentences which you will need to discuss with your attorney.

Contact A Albuquerque DWI Attorney

If you have been charged with a DWI you need to get act now to find the right lawyer for you.  Many stages of a DWI are time sensitive.  Contact the Twohig Law Firm today at (505) 898-0400 to schedule a free initial consultation.

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