DUI State Law · New Mexico
New Mexico Roadside Saliva (Oral Fluid) DUI Testing Law
How New Mexico treats oral fluid (saliva) testing in DUI enforcement — the statute, its current status, and what that means for agencies running roadside drug screening.
Status: Limited / Voluntary Only
Statute and status in New Mexico
Statute / authority: NMSA § 66-8-107 (blood/breath)
Implied consent primarily blood and breath. No confirmed oral fluid DUI authorization in statute.
What this means for agencies in New Mexico
New Mexico currently limits chemical testing for drugs to blood, breath or urine, or permits saliva only in a narrow case. Roadside saliva screening can still support probable cause and officer decision-making where department policy allows, but it is not an evidentiary specimen under current law. Several states moved from this position to authorized in the past two years — watch the legislature.
Every state at a glance
The same dataset behind the DUI map, one page per state.
- Alabama — Verified
- Alaska — Authorized
- Arizona — Authorized
- Arkansas — Authorized
- California — Authorized
- Colorado — Limited / Voluntary Only
- Connecticut — Authorized
- Delaware — Limited / Voluntary Only
- Florida — Limited / Voluntary Only
- Georgia — Authorized
- Hawaii — No Oral Fluid Provision
- Idaho — Limited / Voluntary Only
- Illinois — Authorized
- Indiana — Verified
- Iowa — Limited / Voluntary Only
- Kansas — Authorized
- Kentucky — Authorized
- Louisiana — Authorized
- Maine — No Oral Fluid Provision
- Maryland — Authorized
- Massachusetts — Limited / Voluntary Only
- Michigan — Limited / Voluntary Only
- Minnesota — Verified
- Mississippi — Authorized
- Missouri — Verified
- Montana — Verified
- Nebraska — Authorized
- Nevada — Authorized
- New Hampshire — Limited / Voluntary Only
- New Jersey — Limited / Voluntary Only
- New Mexico — Limited / Voluntary Only
- New York — Authorized
- North Carolina — Limited / Voluntary Only
- North Dakota — Authorized
- Ohio — Verified
- Oklahoma — Verified
- Oregon — Limited / Voluntary Only
- Pennsylvania — Authorized
- Rhode Island — Limited / Voluntary Only
- South Carolina — Limited / Voluntary Only
- South Dakota — Authorized
- Tennessee — Verified
- Texas — Limited / Voluntary Only
- Utah — Verified
- Vermont — No Oral Fluid Provision
- Virginia — Authorized
- Washington — Limited / Voluntary Only
- West Virginia — Limited / Voluntary Only
- Wisconsin — Authorized
- Wyoming — Authorized