After a night of enjoying and celebrating friendship, cialis generic you get in your car to drive home. Though you have been drinking, in your opinion, you have not been drinking enough to impair your judgment. Five minutes later you are pulled over and asked not only for your license and registration, but also if you have been drinking. After truthfully replying yes, you are asked to take a sobriety test. Should you take it? Should you refuse? What are the consequences of refusing? If you or a loved one have been charged with a DUI it is in your best interest to contact an experienced Albuquerque DUI attorney to determine the best strategies for your case.
Do You Have the Right to Refuse?
In New Mexico, there is an implied consent law that states that any person who operates a motor vehicle within the state shall be deemed to have given consent to a chemical test of your breath or blood and in some cases, both, to determine your drug or alcohol content if you are lawfully arrested for any offense stemming from a DUI. Also, it is in the officer’s discretion to determine which test is best to administer and must be administered within three hours of the last time you were driving.
Though this implied consent law exists, the short answer to if you have the right to refuse a sobriety test, is yes. However, it should be noted that there are consequences that you will face upon refusal. New Mexico’s Statute 66-8-111 states that if you refuse a chemical test, a chemical test is not to be administered unless a death or injury occurred to another person or if a felony occurred in the midst of the DUI, in which case, if you refuse, an officer of the court can grant a search warrant for a chemical test to be taken.
If no injury, death, or felony occurs you are still subject to your license being taken for up to a year for refusal. Your license will be taken immediately and New Mexico’s police officers are able to give you a temporary permit that is good for twenty days in which case you will be able to challenge the sobriety test. The temporary permit will be extended if it takes longer than twenty days to challenge the sobriety test. Long story short, it may not be in your best interest to refuse a sobriety test. However, if you do not want to be subjected to these tests, it is best to not be under any type of influence while operating a motor vehicle.
Need Legal Advice?
Being stopped for a DUI can be a very scary experience. It can be even more scary, as well as frustrating, to know that if you refuse these tests you are subject to serious consequences that will affect your everyday life. If you or a loved one have been charged with a DUI, contact an experienced Albuquerque DUI attorney at Khayoumi Law Firm to strategize about the best possible outcomes for your case. We are here to help!