Updated July 2026
Below are answers to the questions people ask Art most often. Every case is different, so treat this as general information, not legal advice for your situation. If your question is not here, call (505) 247-1973 — the first call is free.
Right After an Arrest
What should I do right after I am arrested?
Be polite, give your name, and then stay quiet and ask for a lawyer. You do not have to explain your side, and trying to talk your way out of it almost always hurts more than it helps. Do not consent to searches and do not sign anything you do not understand. Then call a defense lawyer as soon as you can. The earlier a lawyer is involved, the more can often be done.
Should I talk to the police to clear things up?
No. You have the right to remain silent and the right to a lawyer, and you should use both. Officers are allowed to be friendly, and they are allowed to tell you that cooperating will help. But anything you say can be used against you, even statements you think prove your innocence. Politely say you want a lawyer, and stop there.
A family member was just arrested. What can I do tonight?
Write down everything you know while it is fresh: where and when the arrest happened, what agency made it, and any charges you have heard. Do not discuss the facts of the case over a jail phone line, which is recorded. Then call Nieto Law Office. Art can talk with you about bond, the next court date, and what to expect. If Spanish is easier, we can speak in Spanish.
DWI and Your License
How long do I have to save my license after a DWI arrest?
In New Mexico you have just 10 days from the date of a DWI arrest to request an MVD hearing to challenge the revocation of your driver's license. This is separate from the criminal case in court. If you miss the 10-day deadline, the revocation takes effect automatically. Because the window is so short, calling right away matters.
Is a first DWI a misdemeanor or a felony in New Mexico?
A first-offense DWI is generally charged as a misdemeanor in New Mexico. It is still serious: it can mean jail exposure, fines, an ignition interlock requirement on your license, and a permanent record. Certain facts, such as a very high breath or blood alcohol level or a refusal, can make a DWI aggravated and increase the penalties. Repeat offenses and DWIs causing great bodily harm or death can be charged as felonies.
Should I just plead guilty to a first DWI to get it over with?
Not before a lawyer looks at it. A DWI has two tracks running at the same time, the criminal case and the MVD license case, and both have defenses worth examining. How the stop was made, how the field tests were given, and how the breath or blood sample was handled can all matter. Art will tell you honestly whether there is something to fight, rather than assume the case is hopeless.
Cost and Working With Art
What does it cost to talk to Art?
The first consultation is free. Art will listen, tell you what you are facing, and answer your questions with no cost and no obligation. If you decide to hire him, he explains his fee clearly and up front so there are no surprises.
How much does a criminal defense lawyer cost?
It depends on the charge and how much work the case is likely to take. A single misdemeanor is very different from a felony headed toward trial. What Art can promise is that he will be clear about the fee before you commit, so you can make an informed decision.
Will Art really handle my case himself?
Yes. Nieto Law Office is a one-lawyer firm on purpose. Art takes cases one at a time and handles them himself, from the first phone call through any hearing or trial. You will not be passed off to an associate. When you have a question, you can talk to the lawyer who actually knows your case.
Do you speak Spanish?
Yes. The office serves a largely Spanish-speaking community, and Art and his staff can work with you and your family in Spanish. Hablamos español.
Your Case in Court
Will my case go to trial?
Most cases resolve before trial. But the terms of that resolution are usually shaped by whether the prosecutor believes your lawyer is ready and willing to try the case. Art prepares every matter as if it is going to trial, examining the evidence early and testing the State's theory. That preparation is exactly what puts you in a stronger position, whether the case is resolved or tried.
What is the difference between a misdemeanor and a felony?
A misdemeanor is a less serious offense, usually handled in a lower court and carrying shorter potential jail time. A felony is more serious, is handled in district court, and can carry a prison sentence and long-term consequences like the loss of certain rights and difficulty finding work. Which one you are charged with drives almost everything about the case, so it is one of the first things Art will explain to you.
Which courts does Art practice in?
Art appears regularly in the Bernalillo County Metropolitan Court, where most Albuquerque DWI and misdemeanor cases start; the Second Judicial District Court, which handles Bernalillo County felonies; the First Judicial District Court in Santa Fe; and the U.S. District Court for the District of New Mexico. He has tried cases in nearly every district in the state.
Your Record
Can I get an old charge off my record in New Mexico?
Sometimes. New Mexico has an expungement law that lets many arrests and some convictions be sealed after waiting periods, depending on the offense and your history. Certain convictions, including DWI, are excluded, so expungement is not available for every case. The rules are specific, so the honest answer is that it depends. Art can look at your record and tell you whether expungement is a realistic option.