The New Mexico Implied Consent Act
DWI/DUI Blood and Breath Tests
When you obtain a driver’s license in New Mexico, you authorize implied consent to submit to a chemical breath test if a police officer has reasonable cause to believe you are driving drunk. While chemical breath tests are the most common weapon used against drunk drivers in court, they are not always accurate.
At the Law Office of Mark Keller, we immediately set to work examining the validity chemical breath test so you can have the strongest criminal defense possible in court.
New Mexico Implied Consent Act
The New Mexico statutes state that any person who operates a motor vehicle must give the chemical test of breath or blood to determine if they are driving under the influence. While you have the right to refuse both tests, you may suffer steep consequences, such as:
- An Aggravated DUI/DWI charge
- An automatic admission of guilt
If the breath tests reveal that you have alcohol content in your body, your arresting officer may confiscate your driver’s license on the spot. Our drunk driving lawyers help you protect your right to drive by filing an administrative MVD hearing request immediately after your arrest to appeal the suspension.
Criminal Defense for Breath Tests
With a thorough knowledge of proper DWI/DUI procedures and the latest technology used by police, our lawyers review potential points of error, such as:
- Calibration of the unit
- The timing of the test – how long it was taken after your last drink
- Proper administration of the breath test by the officer
- The state of the equipment used, if it was faulty or malfunctioning
- Factors that could have affected the accuracy of the test
Just like any other form of technology, breathalyzer machines have limitations that can cause inaccuracies. A breathalyzer test may pick up on mouthwash or cold medicine, creating unfair circumstances for people who have not been drinking at all. Committed to protecting your rights, our drunk driving attorneys will aggressively pursue every available avenue to determine the accuracy of your test.
Set Up Your Free Consultation in Albuquerque, NM
Whether you want to challenge the accuracy of your breath test or you refused your breath test, you may be vulnerable to unnecessary penalties before the law. With the help of an experienced drunk driving lawyer at the Law Office of Mark Keller, you get the legal help you need to stand up the State and defend yourself. Contact us today!