New Mexico Supreme Court
State v. Vargas
October 5, 20172017 NMSC 29
Summary
The New Mexico Supreme Court affirmed the Court of Appeals’ reversal of Vargas’s aggravated DWI conviction, holding that Birchfield applies retroactively, that the appellate court may sua sponte consider an unpreserved Fourth Amendment issue, and that Vargas cannot be punished for refusing a warrantless blood test absent probable cause and exigent circumstances.
Holding
- Does Birchfield apply retroactively to pending appeals?. Yes, Birchfield applies retroactively to cases pending on direct appeal because it is a substantive new rule that places certain conduct beyond the power of criminal law‑making authority.
- May the Court of Appeals review sua sponte an unpreserved Fourth Amendment issue?. Yes, the Court of Appeals properly exercised its discretion to consider the fundamental Fourth Amendment issue despite lack of preservation.
- Is a conviction for refusing a warrantless blood test unconstitutional under the Fourth Amendment?. Yes, Vargas’s conviction for refusing a warrantless blood test is unconstitutional because the officer lacked probable cause and no exigent circumstances existed, making the search unreasonable.
Docket S-1-SC-36197