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)

Official source: refusal penalties (New Mexico)

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

Sources

  1. Implied consent: NMSA 1978, § 66-8-111(B); § 66-8-102(D)(3)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.