Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by Section 66-8-107 NMSA 1978, and the test or tests designated by the law enforcement officer may be administered.
History: 1953 Comp., § 64-8-108, enacted by Laws 1978, ch. 35, § 516.
This section does not deny equal protection of the law, although it classifies certain persons on the basis of their condition, the classification has a rational basis and is not discriminatory. State v. Trujillo, 1973-NMCA-076, 85 N.M. 208, 510 P.2d 1079.
Testing of unconscious person. — The Implied Consent Act does not require a formal arrest of an unconscious person before the administration of a blood-alcohol test. State v. Wyrostek, 1988-NMCA-107, 108 N.M. 140, 767 P.2d 379, cert. denied, 108 N.M. 115, 767 P.2d 354.
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