Law enforcement officials push for changes to DWI blood test policy

ALBUQUERQUE, N.M. (KRQE) – Officials with New Mexico State Police and the Department of Public Safety went before the Courts, Corrections and Justice committee, saying current laws are handicapping prosecutors in DWI trials.

“Pre-2016, if I made a traffic stop and had reason to believe the person was too impaired to safely drive and they end up getting arrested for DWI, what happened next was I would give them the option: either blow into the breath machine, give me a blood draw or both. In the event they said no to any of those, I was able to charge aggravated DWI for the refusal.” NMSP Lieutenant Kurtis Ward said.

Now, state police say if a driver does not consent to a blood draw officers must get a warrant, and can only do so in felony arrests. The group argues that rule is allowing some drivers to get away unpunished and leaving officers with little evidence to bring to trial in non felony cases. The group is asking lawmakers to create policy that will allow police to request blood test warrants in misdemeanor case, saying evidence from that testing could lead to more convictions and reduce the number of re-offences.

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