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New Mexico Attorney Cynthia Payne

Breathalyzer Test Results in a New Mexico Drunk-Driving Case

When breath test results in a drunk driving case indicate that you were driving while intoxicated, you shouldn’t lose hope or feel like your case is a lost cause. New Mexico Legal Group knows how to spot any weaknesses in the breath test results and other aspects of the case. We have spent years using our well-honed litigation skills to successfully defend clients against DWI charges in New Mexico.

New Mexico’s Implied Consent Act

Under New Mexico’s DWI laws, drivers in the state agree to submit to chemical testing that will reveal the alcohol content in their bodies if they are suspected of drunk driving. If a driver refuses to undergo chemical testing, the police officer has the right to take the driver’s license. The driver receives a notice of revocation stating that the license will be suspended. The driver can request an administrative hearing with the MVD to dispute the license suspension.

Weighing the Consequences of Refusing a Breath Test

Even though the Implied Consent Act applies to drivers in New Mexico, you do not have to take a breath test. When you don’t submit to the breath or blood test, there is a strong probability the MVD will revoke your driver’s license for 1 year. You can contest this action during an administrative hearing. Refusing to take the test also means that the state prosecutor will not be able to submit the test results as evidence during a DWI trial. If the prosecutor is able to present other types of evidence that sufficiently prove you were intoxicated then you could face aggravated DWI charges.

Defenses to Breath Test Results in Drunk Driving Case

There are ways to question the validity or reliability of unfavorable breath test results. We speak closely with our clients to discuss what occurred during the arrest. We evaluate the facts of the case and thoroughly review all of the evidence that will be presented by the state. Certain breath test weaknesses we investigate are:

  • If the police officer properly administered the breath test
  • If the equipment was correctly calibrated to give accurate results
  • If the driver has any health conditions or issues that could have affected the accuracy of the test
  • If the equipment was properly maintained and didn’t malfunction

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Frequently Asked Questions

What if I Refuse to Take a Chemical Test?

According to New Mexico’s Implied Consent Law, a person driving a vehicle within the state automatically consents to having their blood alcohol level tested in order to assess if they are driving while intoxicated. Not taking the test could result in being charged with aggravated DWI and having the driver’s license revoked for 1 year.

What Is an Ignition Interlock Device?

The ignition interlock device measures a person’s alcohol level and is installed in the driver’s vehicle. The driver must blow into the device before he can drive. If the alcohol level exceeds the limit set on the device, the vehicle won’t start. Drivers convicted of a DWI must use the device for at least 1 year.