NM follows Birchfield and holds state can prosecute refusal on implied consent

“P2 We conclude that sufficient evidence supported the trial court’s finding that Defendant was driving under the influence of intoxicating liquor and was impaired to the slightest degree. However, in light of the United States Supreme Court’s recent holding in Birchfield v. North Dakota, __ U.S. __, 136 S. Ct. 2160, 195 L. Ed. 2d 560 (2016), we conclude that Defendant may not be held criminally liable for refusing to submit to a warrantless blood test based on implied consent. Id. at 2185-86. We affirm in part, reverse in part, and remand.” State v. Vargas, 2016 N.M. App. LEXIS 102 (Oct. 25, 2016).

Kentucky requires reasonable suspicion for probation searches, and on the totality, the state had it. Curtis v. Commonwealth, 2016 Ky. App. LEXIS 180 (Oct. 28, 2016).*