Implied Consent Law

Per New Mexico’s Implied Consent Act, every person who has a driver’s license is deemed to have given his or her consent to a breath or blood alcohol concentration test. Refusal involves breaking your contract with the government, an action that can result in strict penalties. However, does that mean you should submit to a breath test and/or admit to drinking and driving? Absolutely not. You have the constitutional right to refuse to submit to a breath, blood or chemical test, and should you choose to exercise it, our DUI/DWI defense attorney are prepared to defend your decision during negotiations and, if necessary, at trial.

New Mexico’s Implied Consent Act

Within Section 66-8-107(A) of the New Mexico Motor Vehicle Code, you will find the state’s implied consent rules. The section states that any person who obtains a driver’s license through the MVD is assumed to have given his or her consent to chemical tests for the purpose of determining the alcohol or drug content of his or her breath or blood. This law applies to any person who is stopped or arrested for suspicion of driving under the influence of drugs or alcohol, or who is involved in an accident in which alcohol is suspected to have been involved.

Your Right To Refuse

Per the United States Constitution, you have the right to refuse any sort of chemical test. Be aware, however, that there are consequences for doing so. Even if the state determines that you were not guilty of driving while under the influence of drugs or alcohol, the MVD will revoke your license for a period of not less than one year. If the state convicts you of a DUI/DWI, you will be subject to penalties for both the DUI and the violation of the implied consent law, both of which carry separate penalties.

Moreover, refusal to submit to chemical testing can increase your DUI charge from a simple DUI to an aggravated offense, which carries harsher consequences. There is no mandatory jail time for a first DUI, but there is mandatory jail time of 48 hours for an aggravated DWI. This is the case even for first-time offenders.

Act Now If Guilty of Violating the Implied Consent Act

The state of New Mexico views driving as a privilege, not a right. For this reason, the Department of Motor Vehicles can revoke your license for breaching your contract. However, consequences are not guaranteed. The experienced and knowledgeable DUI/DWI defense lawyers at Simon A. Kubiak, Attorneys At Law, PC are prepared to defend your constitutional rights and your decision to refuse a chemical test. Call our office today (505) 998-6600 to see how we will go to bat for you.

Contact us Today

If you have questions about our legal services, feel free to get in touch with us right away. We quickly respond to all calls because we understand there is little time for delay when it comes to getting you the representation you need. For your convenience, we also have Spanish-speaking attorneys.


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