The bill amends New Mexico law concerning chemical testing for individuals suspected of driving under the influence (DUI) by introducing an additional oral fluid test alongside existing breath and blood tests. It establishes that any person operating a motor vehicle is considered to have consented to these chemical tests as determined by law enforcement. The legislation clarifies that the results from these tests can be utilized as evidence in civil or criminal proceedings related to DUI offenses. Furthermore, it outlines the procedures for administering these tests, including individuals' rights to request a test from a medical professional of their choice and the responsibilities of law enforcement regarding the costs associated with these tests.

Additionally, the bill modifies the revocation process for driving privileges in DUI cases, mandating that a hearing occurs within ninety days of the notice of revocation. It specifies the conditions under which a chemical test may indicate impairment, particularly focusing on the presence of controlled substances or specific blood alcohol concentration levels. If the hearing officer does not find sufficient grounds for revocation, the individual's license will not be revoked. The bill also allows individuals affected by the administrative order to seek district court review within thirty days, and for those under eighteen, the hearing results must be communicated to their parent, guardian, or custodian.

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