DUI Prosecution- What to expect? Albuquerque, NM

Being arrested for driving under the influence (DUI) is just the first step in a long legal process. You will also be obligated to appear in court, where it will be decided what penalties are appropriate. Keep in mind that even first offenses can be met with jail time, fines, and loss of license.

I’m Angela Arellanes and I use my decades of legal experience to help Albuquerque clients facing significant criminal charges. My firm, Angela Arellanes Law, has extensive experience with DUI cases, which means I can confidently provide legal counsel to you and answer any questions you have about the process.

Hablamos Español

What to Expect During Your DUI Case

Keep in mind that all criminal cases are different, so your experience may differ vastly from others. However, it helps to be aware of the basic process, so you can know what to expect during each step:


A motorist can be arrested for DUI if their breath test returns a blood alcohol concentration (BAC) of .08% or higher (the legal limit for drivers under 21 is .02% or higher). You can also be arrested if you’re exhibiting signs of inebriation, such as weaving or disobeying traffic signs, which provides the officer with reasonable cause for a stop.


After arrest comes booking, which often takes place at the Metropolitan Detention Center. In addition to providing your name and contact information, you will also be asked to provide fingerprints and a photograph. You will likely be released after booking unless there were extenuating circumstances (such as a serious injury resulting from the incident).


You will most likely be arraigned at the Albuquerque Metropolitan Court. At this point, you will be told your charges and asked if you’d like to plead guilty or not guilty.

Pre-Trial Motions

If you plead not guilty, your attorney will enter into the discovery process, meaning they will begin collecting evidence. They will also attend a pre-trial conference with the prosecutor to discuss a possible plea bargain. Plea bargains entail pleading guilty to a lower charge to reduce the punishments you face. The pre-trial phase is also when your lawyer can request a dismissal of charges or ask for any evidence against you retained by the prosecution.

Criminal Trial

Should the case proceed to trial, you’ll be subject to a court hearing. Each attorney will present evidence, speak with witnesses, and make their respective cases as to your guilt or innocence. At the end of the trial, a judge or jury will decide on the charges against you.

The Right Attorney Can Help You Navigate This Process

DUI cases can be extremely complex. And when the stakes are high, you must have an experienced drunk driving attorney in your corner.

Call Angela Arellanes Law today at (505) 247-2417 to schedule your consultation. You can also contact us for more information on how we can help you.