The bill amends New Mexico law concerning chemical testing for individuals suspected of driving under the influence of intoxicating substances. It introduces the option for an additional oral fluid test, alongside existing breath and blood tests, to assess a person's level of intoxication. The legislation specifies that any person operating a motor vehicle is considered to have consented to these chemical tests, which must be approved by the scientific laboratory division of the department of health. Furthermore, the bill clarifies individuals' rights to arrange for their own chemical tests and outlines law enforcement's responsibilities regarding the costs associated with these tests.

Additionally, the bill expands the criteria for revocation of driving privileges by including the presence of controlled substances in test results. It mandates that a hearing must occur within ninety days of the notice of revocation and establishes conditions under which a person's license may be revoked based on chemical testing results. 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 an administrative order to seek district court review within thirty days, and for those under eighteen, the results of their hearing must be communicated to their parent, guardian, or custodian. Overall, the legislation aims to strengthen the enforcement of driving under the influence laws and enhance public safety.

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