Some drivers have a misconception that if they don’t take the breathalyzer test, they can get away with having a BAC over the legal limit because it wasn’t tested. In Albuquerque, New Mexico, and the rest of the state, a driver automatically consents to taking a test to determine the BAC.
This consent comes from New Mexico’s Implied Consent Law, which is in place to help police and traffic officials determine if a person is driving while impaired. If you refuse to take a BAC test, your license can be confiscated on the spot and revoked by the Motor Vehicle Division for up to one year. Furthermore, you can be charged with aggravated DWI, which carries heavier penalties than if you simply take the BAC test.