If you refuse a DUI test in New Mexico, several legal consequences follow, both administratively and criminally. Here’s a detailed breakdown of what you can expect and the legal framework governing these actions.
Implied Consent Law in New Mexico
Under New Mexico’s implied consent law, any person who operates a motor vehicle in the state is deemed to have given consent to chemical testing—such as breath, blood, or urine tests—when lawfully arrested for an offense allegedly committed while under the influence of alcohol or drugs.
This means that by simply driving on New Mexico roads, you have already agreed to submit to such tests if asked by law enforcement, provided there are reasonable grounds for your arrest.
Consequences of Refusing a DUI Test
License Revocation
If you refuse to submit to a chemical test after being lawfully arrested and advised of the consequences, the Motor Vehicle Division (MVD) will revoke your driver’s license for one year.
This revocation is automatic and occurs independently of any criminal DUI charges. Importantly, you will not be eligible for a limited license or an ignition interlock license during this period, which means you cannot legally drive for the entire revocation period.
Aggravated DWI Charge
Refusing a chemical test will result in your DWI charge being enhanced to an aggravated DWI. For a first offense, this means you face a mandatory minimum of 48 hours in jail if convicted, whereas a standard first DWI does not carry a mandatory jail sentence. Aggravated DWI also brings increased fines, community service, and other penalties.
Additional Criminal Penalties
Refusal to submit to testing can be used against you in court. While the absence of a test result may make it harder for prosecutors to prove intoxication, your refusal can be interpreted as evidence of guilt—jurors may infer that you refused the test to hide evidence of impairment.
Furthermore, if your DUI resulted in injury or death, law enforcement may obtain a warrant to forcibly test you, and you could face felony charges with even more severe penalties.
No Criminal Penalty for Refusal Alone (With Caveats)
It is important to note that, according to New Mexico case law, you cannot be criminally punished solely for refusing a warrantless blood test under the implied consent statute. However, refusal can still be used to aggravate your DWI charge and result in enhanced penalties if you are convicted of driving under the influence.
Summary Table
| Consequence | What Happens If You Refuse a DUI Test? |
|---|---|
| License Revocation | Automatic one-year revocation, no limited license |
| Aggravated DWI Charge | Mandatory jail time (minimum 48 hours) |
| Use in Court | Refusal can be used as evidence of guilt |
| Forced Testing | Possible if warrant is obtained (e.g., after injury/fatality) |
| Criminal Penalty for Refusal Alone | Not allowed, but refusal can aggravate DWI penalties |
Appealing License Revocation
You have the right to appeal your license revocation. The appeal must be filed within 10 days of your arrest, and a hearing will be scheduled within 90 days. The hearing officer will review whether law enforcement followed proper procedures, not whether you were actually under the influence.
Key Takeaways
Refusing a DUI test in New Mexico results in an automatic one-year license revocation and ineligibility for a limited license.
Your DWI charge will be enhanced to an aggravated DWI, carrying mandatory jail time and other increased penalties.
Refusal can be used as evidence against you in court.
If you are involved in an accident causing injury or death, you may be forced to submit to testing via a warrant.
You cannot be criminally punished solely for refusing a warrantless blood test under implied consent, but refusal can still aggravate your DWI penalties.
Refusing a DUI test in New Mexico is a serious decision with significant legal consequences. If you find yourself in this situation, it is strongly recommended that you consult with a qualified DUI attorney as soon as possible.
Sources:
– https://newmexicocriminallaw.com/consequences-refusing-breath-test-new-mexico/
– https://law.justia.com/codes/new-mexico/chapter-66/article-8/part-2/section-66-8-107/
– https://digitalrepository.unm.edu/cgi/viewcontent.cgi?article=3503&context=nrj
– https://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/new-mexico.htm
