Should I Agree To Take The Breath Test?

Home English FAQs Drunk Driving Defense New Mexico

Should I Agree To Take The Breath Test?

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, you should probably agree to take the breath or blood test.

Other New Mexico Drunk Driving Defense FAQs

Q: What Happens When Im Stopped For A Dwi?
A: If you have been stopped by a police officer for suspicion of drunk driving, you will generally be asked to produce your license and registration as well as your proof … More
Q: Should I Agree To Take The Field Sobriety Tests?
A: You are not required by law to take field sobriety tests, and many of the tests are extremely difficult even for people who have not been drinking. It is therefore … More
Q: What Should I Do If I Have Been Arrested For Dwi?
A: The most important thing you must do after an arrest for DWI is to submit a request for an administrative hearing regarding the revocation of your driver's license to … More
Q: What Is The Difference Between My Mvd Case And My Criminal Case?
A: When you have been arrested for DWI you face both an administrative revocation of your license (through MVD), and a criminal prosecution, which may also result in the … More
Q: What Happens In The Criminal Case?
A: The criminal case is brought by the government and can result in jail, fines, probation and loss of license. The jail time, fines and other penalties vary depending on … More
Q: What Happens In The Mvd Case?
A: The civil administrative hearing process with the Motor Vehicle Division decides whether your license if revoked for ninety days, six months or one year. You must … More
Q: When Will I Get My Mvd Hearing?
A: Your MVD must occur within 90 days of your arrest. Usually your hearing will be heard near the end of your 90 day period, somewhere from 70 to 90 days from your arrest
Q: What Are The Penalties For Dwi?
A: A first offense for DWI, is punishable with up to 90 days in jail, up to a $500 fine, or both, and about $200 in court costs. You also may be ordered to attend a first … More
Q: What Are The Implications In The Mvd Case?
A: The MVD civil hearing process is separate from the criminal court proceeding. You can win one case and lose the other. If you refuse to take a breath or blood test as … More
Q: Can I Still Drive?
A: If you timely requested a MVD Revocation hearing, you can drive until a decision is made by the MVD hearing officer at your MVD hearing, assuming your license was … More