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 amendments clarify that the results from these tests can be utilized as evidence in both civil and criminal proceedings, and they establish presumptions of intoxication based on the detection of alcohol or controlled substances in the tested fluids.

Furthermore, the bill modifies the procedures related to the administration of chemical tests and the revocation of driving privileges. 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 conditions for license revocation based on test outcomes. The bill also stipulates that a hearing regarding revocation must occur within ninety days of notice, and it includes new legal language detailing the criteria for administering chemical tests and the thresholds for alcohol concentration or controlled substances that would trigger revocation. Additionally, it allows individuals affected by revocation to seek district court review and requires that hearing results for individuals under eighteen be communicated to their parent or guardian.

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