In New Mexico, you can lose your driver’s license for up to one (1) year if you refuse a breathalyzer test. There are additional consequences that may apply depending upon your case’s circumstances, such as increased penalties, jail time, and fines. Driving our state is considered a privilege and not a right. When you apply for a driver’s license, or otherwise operate a motor vehicle in our state, you agree to provide a breath or blood sample to a police officer who thinks that you are driving under the influence of alcohol or drugs under New Mexico’s Implied Consent laws.
However, it is as equally important to recognize that the officer needed to meet the requirements before he or she requested your sample. Any violations therein can become your defense when facing charges. Hire a DWI attorney to help you protect your freedoms and rights while mounting a case strategy that fights to make sure you do not accept orders wrongfully.
In This Post
In this blog post, I help you take a more in-depth look into the Breathalyzer test, how the Implied Consent Act affects your case, and what the consequences of a breath test refusal are.
What Is a Breathalyzer Test?
When you consume alcohol, it goes through your digestive system, where it is absorbed into the blood through the small intestine. The blood carries the alcohol through your lungs and brain. When you breathe, you exhale alcohol when you are drinking. A breath alcohol test—also known as a breath test or Breathalyzer test, estimates how much alcohol is in the air you are breathing out.
This assumes that the test instrument is calibrated, properly maintained, and functioning properly. Otherwise, it can cause a false-positive result.
The device takes that measurement and translates it into how much alcohol content is in your blood. This number is called your blood alcohol content or BAC. According to the literature, a test instrument can begin detecting alcohol in as little as fifteen (15) minutes after consuming your first drink.
Why Is a Breath Alcohol Test Used?
As your BAC increases, it may impair your ability to react and make decisions. Both of these factors make driving under the influence of alcohol dangerous. In New Mexico, it is illegal for anyone over the age of twenty-one (21) to have a BAC level above 0.08 percent. For parties under the age of 21, the maximum BAC is 0.02 percent. (For purposes of administrative revocation).
When you are speeding, in a car accident, or swerving on the road, local law enforcement may believe that you are driving while intoxicated (DWI). The responding officer will evaluate your responses when he or she makes contact with you and may ask you to take the standardized field sobriety tests (SFSTs) If the officer believes that you perform poorly on the SFSTs, they will request you take the breath alcohol test.
Related Article: New Mexico Penalties for Driving on a Revoked License After a DWI
New Mexico Breathalyzer Test Laws
When you receive a driver’s license in New Mexico, you are granted the privilege to drive in the state on specific conditions. One of them is known as “Implied Consent.” By accepting the privilege to drive and operate a motor vehicle, it is implied that you consent to a breath test requested by an officer when you are suspected of a DWI.
Let’s take a look at what the law says explicitly. NMSA Stat § 66-8-107 reads:
“Any person who operates a motor vehicle within this state shall be deemed to have given consent, subject to the provisions of the Implied Consent Act [66-8-105 NMSA 1978], to chemical tests of his breath or blood or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978 as determined by a law enforcement officer, or for the purpose of determining the drug or alcohol content of his blood if arrested for any offense arising out of the acts alleged to have been committed while the person was driving a motor vehicle while under the influence of an intoxicating liquor or drug.”
More simply put, New Mexico has codified that you consent to a breath or blood alcohol test to find out if you exceed the legal intoxication limit.
Penalties of Refusing the Breathalyzer Test
Some of the consequences of a breathalyzer refusal include:
- A one (1) year driver’s license revocation
- Charges are increased to an Aggravated DWI, which, depending on the number of prior DWI/DUI convictions, will include mandatory increasing jail sentences upon conviction.
Refusing a breath test may expose you to steeper consequences if you are convicted. However, you may have a legitimate defense when it comes to your refusal.
Defending a Breath Test Refusal
The responding or arresting officer must follow specific protocols when investigating you for a DWI. When you hire a defense lawyer to represent your case, we look into whether the officer followed those standards.
Examples of breath refusal defenses may include:
- The Breathalyzer was not functioning properly
- Not replacing Breathalyzer mouthpieces
- The officer does not have proof that you refused to blow
- A medical condition prevents you from providing a sample
- The police did not allow you to obtain a timely requested independent test
- The police do not have probable cause to make the initial arrest
If you were arrested for a DWI in New Mexico, the penalties of a conviction are severe. Whether you have refused a blood alcohol test or took one and were charged with a DWI, it is imperative that you talk with a DWI defense attorney in New Mexico as soon as possible to protect your rights. Your charges are defensible.
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Call Grano Law Offices, P.C. today by messaging us about your situation here or calling (505) 426-8711.
