New Mexico is reshaping its legal landscape again! Last month, Gov. Grisham signed six new public safety proposals under a single bill. A portion of these new laws directly affect the circumstances under which law enforcement can compel a blood draw, the procedures involved, and the rights of the accused. So, how do these new laws affect those living in and traveling to New Mexico? Let’s find out.
In This Article
San Miguel County DUI/DWI lawyer Marc A. Grano explains what laws changed and how to handle a DUI arrest if you ever face one. Grano Law Offices, P.C. wrote this post to help people arrested for driving under the influence understand their situation in general or for individuals who want to learn more about legal changes through the lens of an attorney.
What DUI/DWI Laws Were Changed in 2025?
Governor Michelle Lujan Grisham of New Mexico signed a public safety package into law on February 27, 2025. The package encompasses six previously vetted proposals intended to improve public safety. One aspect of the newly signed legislation is enhancing DWI blood test laws. In a nutshell, the law has been changed to allow law enforcement to obtain a search warrant for your blood when you are arrested for a misdemeanor DUI/DWI. Proponents praise these new measures for their comprehensive approach.
Here is an overview of the bills signed into law by Governor Michelle Lujan Grisham in February 2025:
Warrant Blood Draws
The “Birchfield Fix” refers to a legal provision addressing the implications of the United States Supreme Court decision in Birchfield v. North Dakota (2016). This decision established the constitutional requirement of a warrant before a blood test can be compelled in suspected drunk driving cases.
In New Mexico, before the Birchfield Fix, law enforcement could only obtain a warrant for a blood draw in DWI and driving under the influence of drug (DUID) arrests when there was also probable cause of death or significant bodily injury of another person. The newly passed Birchfield Fix allows law enforcement to obtain a search warrant for a blood test even in misdemeanor DWI/DUID cases where there is probable cause to believe a person is driving under the influence and has refused to submit to chemical testing.
Expanding Qualified Personnel Who May Draw Blood
Under the previous version of NMSA § 66-8-111, only a physician, licensed professional, practical nurse or technologist could legally draw blood for evidentiary purposes in DWI/DUI cases. However, HB 106 expands the list of skilled personnel to include emergency medical technicians (EMTs) and specifically names certified phlebotomists. This measure is designed to address delays in evidence collection, particularly in rural or underserved areas where traditional medical staff may be unavailable.
Boating While Intoxicated (BWI)
The new legislation also aligns the Boating While Intoxicated (BWI) Act by extending the liability exemptions to medical professionals performing chemical blood tests. It also expands the types of individuals authorized to perform these tests to emergency medical technicians and certified phlebotomists. This measure ensures consistency in legal protections for medical practitioners involved in DUI and BWI cases and provides timely intervention while under investigation.
What to Do If You Get Pulled Over for a DWI/DUI in New Mexico
Getting pulled over by a DUI/DWI in New Mexico is no picnic. Knowing how to navigate this situation can make a difference in the outcome of your case. A solid understanding of the process and adverse legal consequences can result.
Here are four steps you can take if you get pulled over for a DUI/DWI in New Mexico:
1. Pull Your Vehicle Over to the Side of the Road
When you see that a police officer is pulling you over, ensure you pull off safely to the side of the road. Once parked, turn off the vehicle, including the radio. If it is dark outside, keeping your fog lights on while waiting for the officer to speak with you is okay. Otherwise, listen to what they are saying carefully and follow through on their commands.
2. Be Polite When Speaking
Try to remain calm as the officer approaches your vehicle. Greet them politely and provide them with requested items. At this point, they will start investigating you for signs of impairment, including slurred speech, bloodshot eyes, and fumbling fingers. Yes, it is okay and normal to be nervous.
3. Avoid Self-Incriminating Statements
Most people do not know this element, but a DUI investigation most often begins when a police officer starts following you. After they pull you over, they might ask, “Do you know why I’m pulling you over?” Instead of making guesses, which can be used against you in court, it is okay to say, “I don’t know” in most cases.
Remember that any admissions to the use of alcohol or drugs will be used against you. It is OK to assert your right to remain silent.
4. Ask for an Attorney If They Decide to Arrest You
The officer may believe there is reasonable suspicion to test you for potentially driving under the influence. There is no requirement that you agree to participate in any Standardized Field Sobriety Tests or any further testing. There are many medical conditions and individual characteristics and factors that may mimic impairment from alcohol or drugs. Exercising your right to remain silent until you have the opportunity to speak to an attorney may be your best way to protect yourself.
Note: Retaining Your Right to Drive
If you are arrested for DUI/DWI, you may lose your right to drive. Make sure that you fight to keep your driving privilege or driver’s license by demanding an MVD hearing immediately! New Mexico Law states that UNLESS you demand an administrative hearing WITHIN 10 DAYS OF THE ARREST FOR DWI/DUI YOUR New Mexico driver’s license or driver’s privilege will automatically be REVOKED IN 20 DAYS!
You Are Innocent Until Proven Guilty
New Mexico’s legal changes reflect a strong, state-wide commitment to public safety. They also ensure the legal system upholds individuals’ rights while protecting the greater public interest. Seeking legal counsel from an experienced DUI/DWI law firm, such as Grano Law Offices, P.C., is crucial to safeguard your legal rights should you ever find yourself under arrest.
Remember, being informed and proactive can make a significant difference in the outcome of your case. The recent changes solidify that New Mexico is serious about the dangers of impaired driving, and that staying informed is more important than ever. Also, you are always innocent until proven guilty.
Find Out More During a Free Case Strategy Session
You deserve to know where your case stands and how to move forward with as little impact as possible. Contact the legal team at Grano Law Offices, P.C. for a no-cost, no-obligation case evaluation. Schedule your Free Case Strategy Session by calling (505) 426-8711 or messaging us below.
