The bill amends the New Mexico Motor Vehicle Code to introduce provisions for an additional oral fluid test to assess whether a person is driving under the influence of intoxicating substances. It updates Section 66-8-107 to permit chemical testing of oral fluid alongside existing breath and blood tests when law enforcement has reasonable grounds for suspicion. The bill clarifies that the results from these tests can be utilized as evidence in both civil and criminal cases, and it establishes presumptions of intoxication based on the detection of alcohol or controlled substances in the tested fluids.

Furthermore, the bill revises the procedures for administering chemical tests and the implications of refusing such tests. It mandates that law enforcement officers inform individuals of their right to request an additional test by a medical professional of their choice and outlines the process for revoking driving privileges based on test outcomes. The amendments also specify that a hearing regarding license revocation must occur within ninety days of notice, and they detail the conditions under which a license may be revoked. Importantly, the bill includes provisions for individuals under eighteen, ensuring that their guardians are notified of any hearings related to their driving privileges.

Statutes affected:
introduced version: 66-8-107, 66-8-109, 66-8-110, 66-8-111.1, 66-8-111, 66-8-112