Earlier this year, New Mexico Gov. Michelle Lujan Grisham signed a comprehensive bill into law that strengthens state law on a number of criminal offenses. These include weapons conversion devices, fentanyl trafficking, auto theft, shooting threats and blood testing for suspected DWI offenders.
That last one is likely to affect more people than any of the others, since impaired driving is an all-too-common offense. Just how has the law changed?
Changes to the law
If a person who is arrested for driving under the influence of alcohol and/or drugs refuses to submit to any chemical testing (as is their right), law enforcement must seek a warrant to mandate a test. Under the revised law, police may seek a warrant even if the offense the driver is alleged to have committed is a misdemeanor as long as they have probable cause to believe the driver is under the influence. Previously, it had to be a felony offense.
Refusal to submit to chemical testing isn’t in itself a crime. However, a person can have their driver’s license revoked if they refuse to submit to testing. The driver must be informed of the potential consequences if they refuse testing.
The new law has also expanded the list of medical professionals who can legally draw blood for these tests. For example, emergency medical technicians (EMTs) are now allowed to do so. This can help people be tested more quickly (possibly at the scene) – particularly if they agree to the test and a warrant isn’t necessary.
Being arrested can be a highly stressful and confusing event. It can be hard to know if everyone involved acted legally and your rights weren’t violated. By getting experienced legal guidance as soon as possible, you can help ensure that your rights are protected.