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"WOULD YOU RECOMMEND THAT A DRIVER TAKE OR REFUSE A FIELD SOBRIETY TEST?"

I tell people that if they have had nothing to drink, or very, very little, then they should consent to the test. However, if that is not the case, a driver has the right to decline to do the Standard Field Sobriety Test and has the right to decline to give a blood or breath test, and I recommend that they do both and just ask for a lawyer.

When a person does consent to give a test, I always say they should ask for a secondary test as well, which you have the right to do under New Mexico law. If they pull you over, you can say, "No, I'm not going to consent to the Field Sobriety Test." You can decline to do the test, decline to give a breath sample, and I think almost everybody should decline both unless they have truly not had anything to drink, or very little.

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

Phone: 575-523-4321
Fax: 575-680-1200
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