State v. Garcia

OPINION

VIGIL, Chief Judge.

{1} The question presented in this case is whether an emergency medical technician (EMT) is authorized to draw blood for the purpose of determining its alcohol or drug content under the Implied Consent Act, NMSA 1978, Sections 66-8-105 to -112, (1978, as amended through 2015). We conclude no such authority exists and affirm the order of the district court suppressing the results of Defendant’s blood test.

I. BACKGROUND

{2} State Police Officers Bernal and Robles were dispatched to a head-on collision on NM 404 near the Texas border. Officer Bernal encountered the two…