OPINION
HENDLEY, Judge.
The defendant was charged with driving while intoxicated contrary to § 66-8-102, N.M.S.A. 1978 (Supp. 1980). The State appeals the trial court's granting of defendant's motion to exclude any evidence of defendant's refusal to undergo a blood alcohol test at the time of his arrest. We affirm.
We decide only the issue of relevancy of the refusal in light of our case law and statutes. The State in its Reply Brief states...
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