New Mexico Supreme Court

State v. Chakerian

February 22, 20182018 NMSC 19

Summary

The New Mexico Supreme Court held that Section 66-8-109(B) only obliges law‑enforcement officers to advise a DWI arrestee of the right to an independent chemical test and to provide the means to arrange it, not to actively facilitate the test. It further found that the officer’s provision of a telephone and directory satisfied the statutory requirement, so the defendant’s convictions were affirmed and the case remanded.