Bill

Bill > HB567


NM HB567

Dwi Saliva Testing


summary

Introduced
02/20/2025
In Committee
Crossed Over
Passed
Dead
03/22/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT RELATING TO MOTOR VEHICLES; PROVIDING FOR AN ADDITIONAL ORAL FLUID TEST TO DETERMINE IF A PERSON WAS DRIVING UNDER THE INFLUENCE OF AN INTOXICATING LIQUOR OR DRUG.

AI Summary

This bill modifies New Mexico's existing laws regarding driving under the influence (DUI) testing by adding oral fluid (saliva) as an acceptable method of chemical testing alongside breath and blood tests. The bill expands the state's Implied Consent Act to allow law enforcement officers to request saliva tests when investigating potential impaired driving incidents, with the same legal implications as breath or blood tests. Specifically, the bill enables officers to use oral fluid tests to determine the presence of alcohol or controlled substances, creates provisions for determining intoxication based on saliva test results, and allows for license revocation if a test indicates alcohol concentration or controlled substance presence. The oral fluid test can be used to support criminal and civil actions related to driving under the influence, with the same standards of evidence as existing breath and blood tests. The bill also updates various sections of New Mexico's motor vehicle code to consistently include oral fluid testing alongside breath and blood testing, ensuring that saliva tests have equivalent legal standing in determining a driver's potential impairment. These changes aim to provide law enforcement with an additional tool for detecting and prosecuting impaired driving.

Committee Categories

Business and Industry

Sponsors (3)

Last Action

Sent to HCPAC - Referrals: HCPAC/HJC (on 02/20/2025)

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