New Mexico Supreme Court

State v. Chakerian

February 22, 2018458 P.3d 372

Summary

The New Mexico Supreme Court held that Section 66-8-109(B) requires law enforcement only to advise a DWI arrestee of the right to an independent chemical test and to provide the means to arrange it, but imposes no duty to actively facilitate the test; consequently the officer’s provision of a telephone satisfied the statutory requirement and the defendant’s convictions were affirmed.