New Mexico Forms Library

14-4510. Refusal to submit to chemical testing; defined.¹

            The defendant refused to submit to chemical testing if:

            1.         the defendant was arrested on reasonable grounds to believe that the defendant was driving while under the influence of intoxicating liquor or drugs;

            2.         the defendant was advised by a law enforcement officer that failure to submit to the test could result in the revocation of the defendant's privilege to drive;

            3.         a law enforcement officer requested the defendant to submit to a chemical [breath]² [blood] test;

            4.         the defendant was conscious and otherwise capable of submitting to a chemical test; and

            5.         the defendant willfully refused to submit to a [breath]² [blood] test.

USE NOTES

            1.         This instruction must be given immediately after UJI Criminal 14-4508 or 14-4509 if the defendant is charged with aggravated driving while under the influence of intoxicating liquor or drugs by refusing to submit to a chemical test.

            2.         Use only applicable bracketed alternative.

[Adopted, effective May 1, 1997; as amended effective April 1, 1998.]