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Once you've been arrested the officer will read you something called the New Mexico Implied Consent Act. That is a law in New Mexico that says if you drive on the roads of New Mexico, you have consented to giving your breath test, blood test, or both, depending on what an officer asks you.

You have the right in New Mexico to still decline to give those tests, but if you do so you can face more serious criminal consequences. Recently, there has been a major United States Supreme Court case that has limited an officer's ability to demand that you give a blood sample, but that case came out this year, just a couple of months ago, and so it is not clear how that is going to affect the New Mexico Implied Consent Act if an officer asks you to give a blood sample.

As far as a blood sample, the United States Supreme Court confirmed that it is okay to demand breath samples under the Implied Consent Act.

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McGraw & Strickland, LLC
165 West Lucero Ave.
Las Cruces, NM 88005

Phone: 575-567-3107
Fax: 575-680-1200
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