Alcohol and drugs affect a person’s vision, coordination, and decision-making skills. That is why is why it is illegal to drive while intoxicated by drugs and alcohol. If you made the mistake of driving while impaired and get stopped by an officer, you must decide whether you will take a breath, blood or urine test or refuse. Not refusing a sobriety test could result in DWI charges

Refusing a Breathalyzer or Chemical Test

All fifty states, including New Mexico, have an Implied Consent Law. That law states that you must agree to a breathalyzer, blood or urine test when an officer asks. Police get to choose which test you take. A breathalyzer can be done at the scene, but if an officer wants a chemical test, you’ll be taken to the hospital.

If you refuse a sobriety test, your license will be seized on the spot, and you will be given a temporary permit which is valid for twenty days. You must request a hearing for reinstatement with New Mexico Motor Vehicle Division within ten days of your arrest. Your hearing date will be assigned within 90 days.

The same procedures for driver’s license reinstatement apply if you are charged with a DWI.

Consequences of refusing a breath, blood or urine test in Albuquerque:

First offense-One-year revocation of your driver’s license

Second offense- One-year revocation of your driver’s license

Third offense- One-year revocation of your driver’s license

When you request a hearing for an Implied Consent revocation, you may be asked to report to one of the following locations:

MVD Field Office

11500 Menaul Blvd NE,

Albuquerque, NM 87112


MVD Field Office

3211 Coors Blvd SW,

Albuquerque, NM 87121


MVD Field Office

801 4th St. NW,

Albuquerque, NM 87102


Refusal or DWI; Which is Better?

Many people see a refusal as a means to avoid a DWI conviction, and that is possible. However, in some cases the penalties for refusal are worse, the degree to which is contingent on the details your DWI arrest. For instance, if you were heavily intoxicated and had a high BAC, you might be better off with a refusal charge. Unfortunately, you must make this decision on the spot and let an attorney help you with the fallout.

A refusal may keep you from being convicted of a DWI but it may not. Prosecutors in New Mexico do not have to have proof of impairment to convict you because they can argue that your refusal is evidence that you were DWI.

As far as your record is concerned, either charge will be visible by police and prospective employers and will count against you if charged with a repeat DWI offense or refusal.

After Your DWI Arrest

A DWI arrest means you’ll be spending a few hours to several in a local jail. A friend or a family member can bail you out of jail, or they can contact a criminal defense attorney in Albuquerque to post your bond and take over your case. You may be taken to one of the jails listed below:

Metropolitan Detention Center

100 Deputy Dean Miera Drive SW,

Albuquerque, NM 87151


Regional Correctional Center

415 Roma Ave NW,

Albuquerque, NM 87102

Call a DWI lawyer in Albuquerque

Whether you have been charged with a refusal or a DWI, you could benefit from an attorney’s expertise and skills. Let connect you a DWI lawyer in Albuquerque. They will work to get your license reinstated and begin working on your defense. Call and arrange a consultation as soon as you are able, your first one is confidential and free.

If you are an immigrant, a refusal or DWI arrest will impact your immigration status, so we recommend you consult with an immigration attorney in New Mexico before deciding how to proceed with your impaired driving charge.