State v. Chakerian

Summary

The New Mexico Supreme Court held that NMSA 1978, Section 66-8-109(B), requires law enforcement to advise a DWI arrestee of the right to arrange an independent chemical test and provide the means to contact a qualified person. The statute does not require officers to meaningfully assist in arranging or obtaining the test, although they may not hinder or interfere with the arrestee’s efforts. The Court reversed the Court of Appeals and affirmed the defendant’s DWI and speeding convictions.

Holdings

1. Section 66-8-109(B) requires law enforcement to advise a DWI arrestee of the right to arrange for a qualified person of the arrestee's choosing to perform an additional chemical test and to provide the means to arrange that test, but it does not require law enforcement to meaningfully cooperate in or facilitate the actual procurement of the test.
2. Chakerian was afforded a reasonable opportunity to arrange an independent chemical test because the officer provided access to a telephone, telephone directory, and pen, did not obstruct calls, and allowed approximately fifteen minutes for Chakerian to seek the test.
3. The Court did not decide what sanction would apply to a denial of the statutory right because it concluded that Chakerian's right was not denied.

Questions Presented

1. Whether NMSA 1978, Section 66-8-109(B), requires law enforcement to do more than advise a DWI arrestee of the right to arrange an independent chemical test and provide the means to contact a qualified tester.
2. Whether the officer denied Chakerian a reasonable opportunity to arrange an independent chemical test by providing access to a telephone and telephone directory without further assistance.
3. Whether the State could be sanctioned for failing to provide a meaningful opportunity to obtain an independent chemical test.

Disposition

reversed_and_remanded