Did you refuse to provide a breath or blood sample at the time of your DUI/DWI arrest in Santa Fe County or the City of Santa Fe, New Mexico? Under state law, police and prosecutors view your refusal as a willful criminal act pursuant to the rules of driving on public roads. As such, your alleged violation triggers an automatic license suspension.
The good news is that you have up to 10 days from the date of your arrest to: a) fight for your right to drive at the MVD Implied Consent Act License Hearing, and b) defend against your DUI charges. Put an experienced, highly knowledgeable, and aggressive Santa Fe Implied Consent Act violations lawyer at Grano Law Offices, P.C. on your side.
Speak with Grano Law Offices, P.C. About Your Case for Free
Just because you refused a breath or blood test does not mean that you are guilty of a DUI/DWI in New Mexico. Learn more about your legal rights and options with our Santa Fe DWI/DUI lawyer today during a Free Case Strategy Session at (505) 426-8711 or message us below. Remote and in-person visits are available at your convenience.
Grano Law Offices, P.C. Explains the Implied Consent Act
Any driver operating a motor vehicle within New Mexico has provided their implied consent under NMSA § 66-8-107. Our Santa Fe Implied Consent Act violations defense attorney, Marc A. Grano, will help you understand how these rules might apply to your situation:
- “Any person who operates a motor vehicle within this state shall be deemed to have given consent…to chemical tests of his breath or blood or both…”: This implication forms the basis of the Implied Consent Act
- “…approved by the scientific laboratory division of the department of health…”: Police must ensure that your sample is collected and processed by an approved laboratory.
- “…as determined by a law enforcement officer, or for the purpose of determining the drug or alcohol content of his blood if arrested for any offense arising out of the acts alleged to have been committed while the person was driving a motor vehicle while under the influence of an intoxicating liquor or drug. “Police must have reasonable grounds to believe that you were driving under the influence of drugs or alcohol.
The only way to be sure how these rules apply to your situation is to speak with our legal team directly. Grano Law Offices, P.C. will take the time to review evidence and listen to your version of events so that you have a foundation from which to focus your defense.
We Understand How These Rules Apply to Santa Fe DUI/DWI Charges
Our Santa Fe Implied Consent Act violations lawyer understands the language, law, and possible defensive strategies as they apply to your situation. Grano Law Offices, P.C. is ready to defend you against:
Fight to Avoid Increased Penalties
You may face additional DUI/DWI penalties for your Implied Consent Act violation, including:
- A one (1) year driver’s license revocation
- Mandatory jail time
- Up to $500 in fines
- Penalties for an Aggravated DWI
- A 55-year criminal record
- Other penalties
Our Implied Consent Act Violations Lawyer Will Question Your Charges
We will also review the circumstances of your refusal and ask important questions, such as:
- Was the traffic stop legal? Did police have reasonable suspicion to pull you over?
- Was there probable Cause for the Arrest?
- Did the officer conduct a valid DWI investigation?
- Did the health department approve the testing lab?
- Did the approved lab maintain its equipment in accordance with the law?
- Did the police have reasonable grounds to believe you were intoxicated while driving?
- Was the breath-testing equipment maintained and calibrated in accordance with laboratory requirements?
- Were you actually intoxicated at the time of your arrest?
- Does your medical condition produce false positives?
The answers to these questions (and others) will provide us with an initial roadmap to share with you regarding your legal rights and options.
Put an Effective Santa Fe Implied Consent Act Violations Lawyer on Your Side
Our Santa Fe DUI/DWI attorney at Grano Law Offices, P.C., for alleged Implied Consent Act violations, invests in advanced training and certification to defend these matters. Attorney Marc Grano maintains the following training:
- Advanced Breath Testing from the National College of DUI Defense – 2025
- Advanced Curriculum in Forensic Science and Trial Advocacy – National College of DUI Defense 2026
- DWI detection & SFST instructor Course (National Highway Traffic Safety Administration)
- Advanced course in blood alcohol analysis (National College of DUI Defense)
- DWI Detection & Standardized Field Sobriety Testing 2025 – (National Highway Traffic Safety Administration.)
- Ongoing maintenance of local court and legal knowledge
This knowledge allows Marc to view every case through a unique lens, leading to a robust strategy that could get your charges dropped, dismissed, reduced, or resolved at a jury trial.
