Las Cruces DWI & Criminal Defense Attorney

Arrested in Las Cruces? What to do in the next 24 hours

You may never have been arrested before. You may be reading this from the jail lobby, or from the kitchen table after a night you cannot fully piece together. Three things matter right now.

• Do not explain yourself to the police. You are allowed to say “I want a lawyer” and nothing else. That is not rude and it is not an admission. Anything you add now goes in the report.
• Keep every piece of paper the officer gave you. The citation, the bond paperwork, and, in a DWI case, the notice of revocation from the MVD (Motor Vehicle Division, the agency that holds your license). Photograph each page before it gets lost.
• Call. Call (575) 496-6359 and say what you were charged with. The evaluation is free.

If the arrest was for DWI, one date matters more than the rest. You have 10 days from the notice of revocation to ask the MVD for a hearing, in writing. Miss it and your license is revoked without anyone looking at the stop. A Las Cruces DWI attorney can send that request the same day you call.

DWI and DUI defense in New Mexico

New Mexico calls it DWI. Many people still say DUI, and if you searched for a DUI lawyer Las Cruces NM, you are in the right place. Whether you call it DWI or DUI, it is the same charge under the same New Mexico statute: driving while under the influence.

The number everyone knows is 0.08, but the case is rarely that simple. The stop has to be lawful. The defense checks whether the roadside tests were given the way the manual says, and whether the breath machine was maintained and the officer certified to run it. Each of those steps gets examined before anyone talks to the prosecutor about a plea.

Some DWI cases carry more weight. A breath test of 0.16 or higher, an injury, or a refusal turns the charge into aggravated DWI and refusal, with mandatory jail on conviction. If you drive for a living, a DWI in any vehicle can cost your commercial license for at least a year. CDL and trucker defense is its own practice area here. The DWI page walks through first through fourth offense penalties, the ignition interlock, and what to bring to a consultation.

Criminal defense in Las Cruces

You do not need to know what degree of felony you are facing to call. Kelly O’Connell is a criminal defense attorney in Las Cruces and a former assistant district attorney. He handles domestic violence charges and orders of protection, drug possession and trafficking, assault and battery, and sex crimes. He also handles the traffic tickets that put a license at risk. Each page explains what the charge means in New Mexico, what the statute says, and what happens at your first court date.

Why people call Kelly O’Connell Law

There is no shortage of lawyers in southern New Mexico. Here is what hiring a Las Cruces DWI & criminal defense attorney at this office means in practice.

A private investigator on every serious case

A police report is one side of the story. On all serious cases, a trained private investigator, a former homicide and narcotics officer, works the case. That investigator goes back to the scene, finds the witnesses the police did not interview, and asks for the video before it is overwritten. That is how a defense gets built instead of simply negotiated.

Every New Mexico court, state and federal

Kelly O’Connell appears in Doña Ana County Magistrate Court, Las Cruces Municipal Court, and the Third Judicial District Court, and in the magistrate and district courts across southern New Mexico. He also practices in the U.S. District Court for the District of New Mexico. Wherever your case was filed, the firm’s goal is that the attorney you meet is the attorney in court with you.

Free case evaluation, straight answers

The first conversation costs nothing. You will hear what the charge means, what the worst realistic outcome looks like, and what deadlines are running. You will also hear what it would cost to hire the firm. The fee is quoted after the free evaluation, once the facts are on the table, so you know it before you decide. Cash, Visa, and Mastercard are accepted. If you want to know more about the person you would be hiring, read about Kelly O’Connell or visit the reviews page.

Traffic and CDL cases every month

The firm handles numerous traffic and CDL cases every month, with a focus on dismissals for professional drivers. A speeding ticket a private driver pays and forgets can end a trucker’s career. Those cases are treated as the serious matters they are.

Serving Las Cruces and southern New Mexico

The office is at 200 S. Water Street in Las Cruces. The firm goes to court for people across southern New Mexico:

• Las Cruces, from the office on Water Street. Start with the Las Cruces DWI attorney page.
• Alamogordo
• Deming
• Silver City
• Truth or Consequences
• Vinton, Hatch, and Lordsburg

In Alamogordo, Deming, Silver City, and Truth or Consequences that means the magistrate and district courts in each town, and each has its own page. Clients from Vinton, Hatch, and Lordsburg are represented from the Las Cruces office. Call with the citation; it names the court your case is in.

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Recent articles

Start with What Happens After a DWI Arrest in Las Cruces? Step by Step if you want to know what the next few weeks look like. If this is your first charge and you are wondering whether to hire anyone at all, read Do I Need a Lawyer for a First-Offense DWI in New Mexico?. And if the 10-day clock is already running, How to Request an MVD Hearing After a DWI in New Mexico walks through the form, the fee, and where it goes.