New Mexico · DWI · Checked October 2026
Refusing a Breath or Blood Test in New Mexico
Refusing a Breath or Blood Test in New Mexico: What Are the Rules?
What happens if you refuse a breath or blood test in New Mexico.
- Refusal penalty
- License revoked for 1 year or until all reinstatement conditions are met, whichever is later; a refusal can also make the DWI aggravated if the court finds you were under the influence
- License suspension for refusing
- 1 year
- Deadline to challenge
- 10 days
Refusal Penalties in New Mexico
license revoked for 1 year or until all reinstatement conditions are met, whichever is later; a refusal can also make the DWI aggravated if the court finds you were under the influenceNMSA 1978, § 66-8-111(B); § 66-8-102(D)(3)
License Suspension for Refusing in New Mexico
1 yearNMSA 1978, §§ 66-8-111, 66-8-112
Official source: license suspension for refusing (New Mexico)
More on DWI Law in New Mexico
See the full overview of DWI laws in New Mexico and read about implied consent laws in every state.
This page summarizes New Mexico law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in New Mexico can advise on your case.
Frequently Asked Questions
What Happens if You Refuse a Breath Test in New Mexico?
license revoked for 1 year or until all reinstatement conditions are met, whichever is later; a refusal can also make the DWI aggravated if the court finds you were under the influence
How Long Is the Suspension for Refusing?
1 year