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Implied Consent Act in New Mexico

The Implied Consent Act is a law that requires all drivers in the state of New Mexico to take a BAC breath or blood test if arrested for DWI. While every driver has the right to refuse, there can be serious penalties.

Your Rights During a DWI Stop

If you have been pulled over for drinking and driving, it is essential to know your rights under the Implied Consent Law. You have the right to:

  • Politely refuse sobriety tests
  • Admit to nothing – it is your 5th amendment right to remain silent to avoid incrimination
  • Request a blood BAC test if arrested
  • Question the reason the officer stopped you
  • Refuse a voluntary search of your vehicle

If you are arrested for DWI, it is important to contact an experienced attorney as soon as possible. When you choose Patrick J. Martinez & Associates to represent your case, we will provide immediate legal guidance and start building a strong case on your behalf right away. We perform thorough, independent investigations of the circumstances of your arrest to protect your innocence.

What Is Required Under the Implied Consent Law

If an officer has reasonable suspicion of drinking and driving, the implied consent act allows them to arrest you and perform a BAC test at the station. You are required to give a breath sample when the officer asks.

In some cases, an officer will ask to perform a roadside breathalyzer. You are not required to do this under the implied consent law. This will only eliminate reasonable doubt that you were not intoxicated or impaired.

Contact an Experienced DWI Attorney Today

If you have been arrested for DWI in Albuquerque, you will need an experienced attorney to protect your rights and freedom. Patrick J. Martinez & Associates has over 25 years of experience defending the liberties and innocence of alleged DWI offenders. Contact us today to schedule a FREE consultation.

Call 505-242-9164 to speak about your DWI arrest with an experienced Albuquerque attorney.