Anyone requiring the samples be retained longer than six months must inform the laboratory which retains the samples. The retained and refrigerated sample will be made available to the testing facility specified by defendant or to the court upon receipt of a court order or subpoena so ordering. Any laboratory certified by the Scientific Laboratory Division of the Health and Environment Department may perform analysis of blood samples for their alcohol content under the Implied Consent Act. In New Mexico, all breath alcohol analysis is performed by direct breath testing devices. Such devices may be either evidential or screening in nature.
Evidential devices provide information that can be used as evidence in court.
Only certified operators may administer breath tests. A subject must be observed for at least 20 minutes prior to the administration of a breath test. If a subject regurgitates or places anything in their mouth or ingests any substance, another 20-minute observation period must be initiated. C. Direct Breath Testing Devices 11 Direct breath testing instruments employ four different analytical techniques to detect and quantify alcohol in a sample of alveolar breath. These direct breath testing instruments are of both the evidential and screening type.