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STATE v. GARDNER

No. 18,949.

967 P.2d 465 (1998)

126 N.M. 125

1998-NMCA-160

STATE of New Mexico, Plaintiff-Appellee, v. Brenda GARDNER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied October 26, 1998.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, for Appellee.

Phyllis H. Subin, Chief Public Defender, Carolyn R. Glick, Assistant Appellate Defender, Santa Fe, for Appellant.

OPINION

PICKARD, J.

{1} In 1993, the Implied Consent Act was amended so that motor vehicle operators are deemed to consent to blood or breath alcohol tests that are "approved by the scientific laboratory division of the department of health." NMSA 1978, § 66-8-107(A) (1993). Department of Health Regulation 12.1.1 requires breath samples to be collected only after "the subject has been under continuous observation for at least 20 minutes prior to collection...

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