BILL ANALYSIS AND FISCAL IMPACT REPORT	Page 1 of  1

DATE: February 21, 2001	Submitted by: TAXATION AND REVENUE DEPT.       
	T. GLENN ELLINGTON, SECRETARY
BILL NUMBER:  HB-863

SPONSOR: Representative Miera

BILL SHORT TITLE: Administering Alcohol Concentration Test

CONFLICTS, DUPLICATES, COMPANIONS:  

DESCRIPTION:  This bill amends Section 66-8-102 NMSA 1978 (within “Traffic Offenses”) and Section 66-8-109 NMSA 1978 (Within the “Implied Consent Act”), requiring that any chemical test to determine the concentration of alcohol in a person’s blood or breath be conducted within 2 hours of the person’s arrest.

EFFECTIVE DATE:  July 1, 2001

FISCAL IMPACT:  No fiscal impact.

ADMINISTRATIVE IMPACT:  No administrative impact on the department.

OTHER IMPACTS AND ISSUES:

•	The Scientific Laboratory Division regulations governing blood and breath tests already address this issue.  For the Implied Consent Act, there is also case law which states the issue is the driver’s alcohol concentration at the time of the test, not at the time of driving.  While a driver’s alcohol concentration can rise or fall between the time of the arrest and the test, this is an issue that can be raised by the driver in both the criminal and administrative revocation settings.

•	The amendment may allow DWI drivers to assert the 2 hour limit as a defense and win the criminal case or the administrative revocation.

•	This proposal may place too much emphasis on the alcohol concentration and not whether the driver was DWI—impaired by alcohol to the slightest degree.  It may be counterproductive in cases where the driver’s alcohol concentration is so high that the time lapse makes little difference.

•	A 20 minute observation period is required prior to administering a breath alcohol test.  Officers may well find it difficult, after placing a person under arrest, to arrange to have the driver’s vehicle transported, drive to the testing facility, perform any initial paperwork, observe the driver for 20 minutes prior to administering the test, and calibrate the BAC testing equipment, all within a 2 hour period.

•	The 2 hour limit may not take into account the realities of the rural nature of our state.  It may take an officer close to two hours to transport the driver to the detention center where the alcohol test will be administered.