In New Mexico, if the police suspect someone is under the influence of alcohol, they may ask them to take a breath test or a chemical test. This is done to measure their blood alcohol concentration. For drivers under 21, the legal limit is just 0.02%. For drivers over 21, the limit is 0.08%.
But are you obligated to take the test during the traffic stop or after the police have arrested you on suspicion of impairment? Or do you have the option to refuse to take that test?
Implied consent laws
It is possible to refuse the test. However, it’s also important to understand that New Mexico uses implied consent laws. You have already given consent to the state to take a test during a lawful traffic stop simply by having a driver’s license and operating your vehicle on public roadways.
As such, refusing to take the test means that you are violating this previous consent under the law. Doing so will lead to a license suspension.
If you are over 21 years old, the first offense will generally result in a suspension of either six months or one year. If you have subsequent offenses, then you will receive a license suspension for 12 months.
If you are under 21 years old and you refuse the test, then it is always a one-year license suspension, even for your first offense.
Your defense options
As you can see, implied consent laws and drunk driving laws can be somewhat nuanced, and people are not always sure what rights they have. If you find yourself facing charges or arrest, be sure you know what legal defense options to consider and what steps to take.
