Should I agree to take a Chemical Test when stopped for DWI in New Mexico?

You can refuse to take a breath or blood test but this can have serious consequences with regard to your driver's license. The advantage of not taking the test is that it is harder for the State to prove that you were intoxicated at trial, especially if you have also refused the field tests. However, a refusal will likely result in the revocation of your driver's license for a year, even if you were not intoxicated at the time. If you have no previous convictions for DWI and have not been involved in a serious auto accident then you should probably agree to take the breath or blood test.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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