New Mexico § 66-8-111 - Refusal to submit to chemical tests; testing; grounds for revocation of license or privilege to drive

§ 66-8-111. Refusal to submit to chemical tests; testing; grounds for revocation of license or privilege to drive

A. If a person under arrest for violation of an offense enumerated in the Motor Vehicle

Code refuses upon request of a law enforcement officer to submit to chemical tests

designated by the law enforcement agency as provided in Section 66-8-107 NMSA 1978 , none shall be administered except when a municipal judge, magistrate or district

judge issues a search warrant authorizing chemical tests as provided in Section 66-8-107 NMSA 1978 upon finding in a law enforcement officer's written affidavit that there is probable

cause to believe that the person has driven a motor vehicle while under the influence

of alcohol or a controlled substance, thereby causing the death or great bodily injury

of another person, or there is probable cause to believe that the person has committed

a felony while under the influence of alcohol or a controlled substance and that chemical

tests as provided in Section 66-8-107 NMSA 1978 will produce material evidence in a felony prosecution. B. The department, upon receipt of a statement signed under penalty of perjury from

a law enforcement officer stating the officer's reasonable grounds to believe the

arrested person had been driving a motor vehicle within this state while under the

influence of intoxicating liquor or drugs and that, upon request, the person refused

to submit to a chemical test after being advised that failure to submit could result

in revocation of the person's privilege to drive, shall revoke the person's New Mexico

driver's license or any nonresident operating privilege for a period of one year or

until all conditions for license reinstatement are met, whichever is later. C. The department, upon receipt of a statement signed under penalty of perjury from

a law enforcement officer stating the officer's reasonable grounds to believe the

arrested person had been driving a motor vehicle within this state while under the

influence of intoxicating liquor and that the person submitted to chemical testing

pursuant to Section 66-8-107 NMSA 1978 and the test results indicated an alcohol concentration in the person's blood or

breath of eight one hundredths or more if the person is twenty-one years of age or

older, four one hundredths or more if the person is driving a commercial motor vehicle

or two one hundredths or more if the person is less than twenty-one years of age,

shall revoke the person's license or permit to drive or his nonresident operating

privilege for a period of: (1) six months or until all conditions for license reinstatement are met, whichever

is later, if the person is twenty-one years of age or older; (2) one year or until all conditions for license reinstatement are met, whichever

is later, if the person was less than twenty-one years of age at the time of the arrest,

notwithstanding any provision of the Children's Code; or (3) one year or until all conditions for license reinstatement are met, whichever

is later, if the person has previously had his license revoked pursuant to the provisions

of this section, notwithstanding the provisions of Paragraph (1) of this subsection. D. The determination of alcohol concentration shall be based on the grams of alcohol

in one hundred milliliters of blood or the grams of alcohol in two hundred ten liters

of breath. E. If the person subject to the revocation provisions of this section is a resident

or will become a resident within one year and is without a license to operate a motor

vehicle in this state, the department shall deny the issuance of a license to him

for the appropriate period of time as provided in Subsections B and C of this section. F. A statement signed by a law enforcement officer, pursuant to the provisions of

Subsection B or C of this section, shall be sworn to by the officer or shall contain

a declaration substantially to the effect: “I hereby declare under penalty of perjury

that the information given in this statement is true and correct to the best of my

knowledge.” The statement may be signed and submitted electronically in a manner and form approved

by the department. A law enforcement officer who signs a statement, knowing that the statement is untrue

in any material issue or matter, is guilty of perjury as provided in Section 66-5-38 NMSA 1978 .