If a law enforcement agent observes a driver behaving erratically or in an unsafe manner, they have the right to pull them over and investigate. If the driver is suspected of being under the influence of alcohol or drugs, they may be asked to take a field sobriety test. The purpose of the test is to evaluate whether a person can perform tasks that require simple and complex motor skills – the same ones required for safely operating a vehicle. There are three common field sobriety tests:
- Horizontal Gaze Nystagmus involves the officer testing (usually with a pen or light) to see if the driver’s eyes respond normally to the stimuli or if the response is exaggerated.
- One-legged stand requires the driver to hold one foot at least 6 inches off the ground while balancing on the other leg.
- Walk and turn tests the person’s ability to receive and follow basic commands and the steadiness of their movement.
New Mexico law does not require drivers to consent to a field sobriety test. However, if you refuse to take the test, the officer can then request a breathalyzer test, which measures your BAC. Drivers do not have the right to refuse a breathalyzer test. If a driver is found to have a BAC over the legal limit, they will be arrested for DUI/DWI. A separate blood test may be performed later to confirm the BAC level, especially if officers plan to file charges.