OPINION
{1} After rear-ending a vehicle and leaving the scene of the accident, Defendant Michael Slayton was handcuffed in his driveway by a police service aide (PSA), pending the arrival of police officers to investigate Defendant’s involvement in the accident. As a result of the investigation, Defendant was charged with aggravated DWI, second offense, contrary to NMSA 1978, Section 66-8-102 (1953, prior to 2007 amendments). At trial Defendant sought to suppress all evidence following his detention and arrest because the PSA who detained him was employed as a non-commissioned officer of the Roswell Police Department and did not have the statutory authority to detain or arrest an individual suspected of DWI. Defendant contends that the PSA’s lack of statutory authority to detain or arrest him is an unreasonable seizure under the Fourth Amendment of the United States Constitution, entitling him to the remedy of suppression. While we agree that the PSA did not have the authority to detain or arrest an individual suspected of a crime, we disagree that a state actor’s unauthorized seizure of a person suspected of committing a crime is per se a violation of the Fourth Amendment. Because Defendant has not argued either that the unauthorized seizure violated the New Mexico Constitution or that the Legislature has made suppression the remedy for an unauthorized arrest, we do not address those issues. Finally, we disagree with Defendant’s final argument on appeal that his consent to a blood test was coerced. Therefore, we affirm Defendant’s conviction.
I. BACKGROUND
{2} On the afternoon of January 7, 2007, PSA Ali Blake (Blake) responded to a traffic accident in Roswell, New Mexico. Blake observed that a red vehicle had been rear-ended by a vehicle with white paint, and witnesses at the scene informed her that the driver of a white truck rear-ended the vehicle and left the scene. Blake obtained the license plate of the white truck from a witness and was told in which direction the track was traveling as it left the scene. Blake located the truck parked in Defendant’s driveway with Defendant still inside, either unconscious or asleep.
{3} Blake knocked on the truck’s window, awakening Defendant and ordering him to get out of the truck. When Defendant got out of his truck, Blake detected an odor of alcohol coming from him and noticed several boxes of ammunition on the truck’s floorboard. Once he was out of the track, she asked Defendant to get on his knees. Instead of complying, Defendant tried to walk toward his house but tripped and fell, injuring his nose. Citing concerns for both her safety and that of Defendant, Blake handcuffed Defendant and called police officers and medical assistance personnel to the scene.
{4} Roswell Police Officer Scott Stevenson responded to Blake’s request for assistance. Upon arriving at Defendant’s house, Officer Stevenson approached Defendant, who was sitting on the ground. He noticed that Defendant appeared disoriented or confused, had bloodshot, watery eyes, and slurred speech. Officer Stevenson reported that Defendant admitted he had been drinking vodka “all day” and driving his truck, but he could not remember the crash or why his nose was bleeding. Defendant was taken to the hospital, where Officer Stevenson formally placed him under arrest for DWI. Approximately four hours after the accident, Defendant consented to have his blood drawn to test his blood alcohol content (BAC). His BAC was 0.36 grams of alcohol per 100 milliliters of blood.
{5} Defendant filed three motions to suppress evidence in district court, two of which are the subject of this appeal. He moved the court to suppress all evidence obtained by the police after his detention or arrest because “[t]he arrest and detention of Defendant [were] without proper police authority” and were therefore illegal. He also moved to suppress all evidence relating to the blood alcohol draw because it was taken without Defendant’s voluntary consent. The district court denied these two motions. Defendant entered a conditional plea of no contest to aggravated DWI, second offense, a misdemeanor, preserving his right to appeal the “issues surrounding his motions to suppress/unlawful arrest/blood alcohol draw without eonsent[.]” He then appealed to the Court of Appeals.
{6} In a divided memorandum opinion, the Court of Appeals affirmed the trial court’s order denying Defendant’s motions to suppress. State v. Slayton, No. 27,892, slip op. at 2 (N.M.Ct.App. June 30, 2008). The majority held that Defendant failed to preserve the issue of Blake’s authority to detain him because he had only argued to the district court that Blake was without the authority to arrest him. Id. at 6-7. The Court concluded that Blake’s detention of Defendant did not amount to an arrest, and it therefore did not need to address whether Blake had the authority to arrest. Id. at 12. Regarding the issue of Defendant’s consent to the blood draw, the Court held that Defendant was not forced to submit to the test, and therefore the blood draw evidence was not subject to suppression. Id. at 12-13.
{7} The dissent concluded that Defendant had preserved the issue of Blake’s illegal detention of him. Id. at 17. In any case, the dissenting judge would have held that Defendant was arrested by the PSA, who was not a commissioned police officer. Id. at 22 (Vigil, J., dissenting). Judge Vigil explained that:
The majority’s reasoning, with which I disagree, allows it to not address the consequences of an illegal detention or arrest by a PSA officer. I would address the merits of whether Defendant’s detention and arrest were legal, and if they were not, the consequence. One consequence might be that Defendant’s consent to the blood test was not sufficiently attenuated from PSA Blake’s unconstitutional conduct. Without such an analysis, I do not agree with the majority’s conclusion concerning Defendant’s consent to the blood test.
Id. at 22-23. This Court granted certiorari and now addresses the two suppression issues. State v. Slayton,
II. DISCUSSION
A. DEFENDANT FAIRLY INVOKED A RULING ON THE ISSUE OF HIS DETENTION
{8} The State asserts that Defendant argued only to the district court that Blake was without authority to arrest him, a question separate and distinct from a determination of whether Blake was authorized to detain him. It contends that the district court’s order embodied only two rulings: (1) that Blake did not arrest Defendant; and (2) that Defendant’s detention was reasonable under the Fourth Amendment. According to the State, the absence of the district court’s express ruling on Blake’s authority to detain Defendant demonstrates Defendant’s failure to adequately preserve that argument for consideration below.
{9} Defendant’s argument in the district court was that Blake’s actions, however characterized, were unreasonable within the context of the Fourth Amendment. He specifically argued that either “the arrest or detention of Defendant” was “illegal,” and therefore all evidence obtained after his seizure should be suppressed. In addition to his broad argument that his detention was unreasonable, Defendant also specifically argued that “[t]he arrest and detention of Defendant [were] without proper police authority.”
{10} While Defendant’s argument could have been clearer, we believe that it was sufficient to invoke a ruling from the district court on the issue of Blake’s authority to detain him. See Rule 12-216(A) NMRA (“To preserve a question for review it must appear that a ruling or decision by the district court was fairly invoked[.]”). Defendant focused the district court’s attention on the fact that Blake was not a commissioned police officer, and therefore lacked authority to detain or arrest him, making his seizure unreasonable within the context of the Fourth Amendment. Indeed, the district court denied “Defendant’s Motion to Suppress based upon an alleged unlawful arrest and detention by police officers[.]” Therefore, we conclude that Defendant did preserve the issue of whether Blake had the authority to detain him and, if not, whether exceeding that authority violated the Fourth Amendment’s protections against unreasonable seizure.
B. BLAKE WAS WITHOUT STATUTORY AUTHORITY TO EITHER DETAIN OR ARREST DEFENDANT
{11} “A ruling on a motion to suppress evidence presents a mixed question of law and fact.” State v. Rivera,
{12} Defendant’s argument that his seizure by Blake was unreasonable within the context of the Fourth Amendment rests entirely on the assertion that Blake lacked the statutory authority to detain or arrest anyone suspected of committing a crime. We believe that Defendant would concede that if a commissioned police officer had seized him, his detention and arrest would have been reasonable under the Fourth Amendment. Thus, Defendant’s argument presents two separate issues: (1) whether Blake had the authority to seize Defendant, because if she did, her actions were presumably reasonable under the Fourth Amendment; and (2) if she did not have such authority, whether her lack of authority is an unreasonable seizure under the Fourth Amendment, which would entitle Defendant to application of the exclusionary rule. We address these arguments in turn.
{13} The State argues that there is nothing in the record to show that Blake’s actions were unauthorized because Blake had the authority to seize Defendant for two reasons: (1) she may be considered to have the authority to arrest by virtue of her status as a “peace officer” under this Court’s decision in State v. Ogden,
{14} We are not persuaded by the State’s first argument, which relies on Ogden as support for Blake’s authority to arrest Defendant. In Ogden we determined that a City of Farmington Community Service Officer (CSO) was a “peace officer” within the context of the aggravating circumstances statute, NMSA 1978, Section 31-20A-5(A) (1981).
{15} While we recognized in Ogden that CSOs and, by extension, PSAs may perform some police functions similar to those of commissioned officers, we did not endeavor to identify the scope of these non-commissioned officers’ duties. In fact, in holding that the aggravated circumstances statute protects a broader category of “peace officer” than simply commissioned police officers, we implicitly recognized that CSOs, PSAs, and other auxiliary officers or service aides are sometimes treated differently by virtue of their lack of commission. In any case, the analysis of whether a PSA possesses the authority to seize a person suspected of violating the Motor Vehicle Code or other laws regarding motor vehicles presents a distinct issue of statutory construction that is only tangentially related to the aggravated circumstances statute we addressed in Ogden. Therefore, although Blake was likely a “peace officer” within the context of the aggravating circumstances statute, as a non-commissioned employee of the Roswell Police Department, her authority to arrest individuals suspected of violating the Motor Vehicle Code has been limited by the Legislature.
{16} We are also not persuaded by the State’s second argument that Blake was acting with the express authority of the Roswell Police Department. Any authority granted to Blake by the City of Roswell to arrest individuals suspected of violating the Motor Vehicle Code would be nullified by statutory authority to the contrary. See Stennis v. City of Santa Fe,
{17} Here, it is undisputed that Blake was not a commissioned police officer. It is also undisputed that Defendant was charged with second offense aggravated DWI, contrary to Section 66-8-102, a misdemeanor. See § 66-8-102(F) (stating that second offense aggravated DWI is punishable by up to 364 days in jail); NMSA 1978, {30-l-6(B) (1963) (“A crime is a misdemeanor if it is so designated by law or if upon conviction thereof a sentence of imprisonment in excess of six months but less than one year is authorized.”). Therefore, according to Section 66-8-124(A), Blake was without statutory authority to arrest Defendant.
C. FOR PURPOSES OF SECTION 66-8-124(A), “ARREST” INCLUDES A TEMPORARY DETENTION
{18} What constitutes an arrest under the provisions of Section 66-8-124(A) is pivotal to our determination in this case. In its opinion, the Court of Appeals devotes a significant amount of time distinguishing an arrest from a temporary detention and delineating when an arrest has occurred. Slay-ton, No. 27,892, slip op. at 9-12. The Court of Appeals directs its focus to State v. Werner,
{19} As used in Section 66-8-124(A), the term “arrest” does not refer solely to custodial arrest or incarceration; it also includes a “temporary detention.” See State v. Ochoa,
{20} We have never interpreted the Legislature’s intent to restrict the term “arrest” in Section 66-8-124 only to custodial arrests, and we believe that under Chapter 66 of the New Mexico statutes, unless otherwise noted, “arrest” includes temporary detentions. See State v. Marquez,
D. BLAKE’S SEIZURE OF DEFENDANT WAS STATE ACTION
{21} Having determined that Blake did not have statutory authority to either detain or arrest Defendant, we now address Defendant’s contention that Blake’s lack of authority resulted in an unreasonable seizure under the Fourth Amendment. The State argues that if Blake was acting without such statutory authority, she must have been acting as a private citizen, and she was therefore authorized to arrest Defendant for a breach of the peace. See State v. Arroyos,
{22} It is undisputed that Blake was acting in her capacity as an employee of the Roswell Police Department when she investigated the traffic accident. She was dispatched to the scene of the accident by the Roswell Police Department, and consistent with this directive, searched for and found Defendant sitting in his truck in his driveway. However, her authority to detain Defendant is less clear. Blake admitted that she did not have the authority to arrest Defendant, but the record does not clearly reveal whether she had the authority to detain him until a commissioned officer arrived to investigate the accident and make any necessary arrests. Nevertheless, Blake stated that the Roswell Police Department employed her to “do a lot of the same work that a certified officer would do,” including investigating traffic accidents and crime scenes. In fact, PSAs such as Blake wear uniforms and drive marked patrol cars.
{23} While on this record we cannot definitively determine that Blake was acting within the express authority granted to her by the Roswell Police Department, we nonetheless conclude that Blake’s actions were state actions because she was acting as an agent of the Roswell Police Department when she detained Defendant in his driveway. “Although the Fourth Amendment does not apply to a search or seizure, even an arbitrary one, effected by a private party on his own initiative, the Amendment protects against such intrusions if the private party acted as an instrument or agent of the Government.” Skinner v. Ry. Labor Executives’ Ass’n,
{24} The sole reason Blake undertook to investigate and ultimately detain Defendant was due to her employment by the Roswell Police Department and her directive to investigate the accident. Although Blake exceeded the scope of her authority in detaining Defendant while waiting for commissioned officers to arrive, the government initiated her investigation and acquiesced in its results. Furthermore, acting in her capacity as an employee of the Roswell Police Department, Blake’s intentions were to assist the government in arresting Defendant for DWI. Thus, although Blake was without statutory authority to detain and arrest Defendant, she nonetheless was acting as an agent of the government when she seized him. Cf. People v. Rosario,
{25} Before doing so, however, we are compelled to address a conflict in our case law that arises by virtue of our holding in this ease that only commissioned peace officers may seize persons suspected of violating provisions of “the Motor Vehicle Code ... or other law relating to motor vehicles punishable as a misdemeanor[.]” Section 66-8-124(A). In Arroyos, the Court of Appeals held that a deputy marshal acting outside of the territorial jurisdiction of his commission was authorized to detain a driver for suspected DWI, a misdemeanor breach of the peace.
{26} As we explained above, the common law right to citizen’s arrest for suspected violations of the Motor Vehicle Code and other misdemeanor motor vehicle laws has been abrogated by the Legislature. See NMSA 1978, {66-1-4.14(J) (1990, as amended through 1999) (“‘police or peace officer’ means every officer authorized to direct or regulate traffic or to make arrests for violations of the Motor Vehicle Code”); § 66-8-124(A) (“No person shall be arrested for violating the Motor Vehicle Code ... or other law relating to motor vehicles punishable as a misdemeanor except by a commissioned, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating the peace officer’s official status.”). DWI is a violation of the Motor Vehicle Code. Section 66-8-102. Therefore, citizens’ arrests for DWI are not legal. To the extent that Arroyos suggests that a private citizen, including a commissioned peace officer acting outside the scope of his or her territorial jurisdiction, may make a citizen’s arrest for suspected violations of motor vehicle laws, it and any other cases so holding are overruled.
{27} We recognize that NMSA 1978, Section 66-8-127 (1978) suggests that the Legislature may have intended to retain citizens’ common law ability to arrest for misdemeanors committed in their presence by providing that “the procedure prescribed [in Sections 66-8-122 through -125] is not exclusive of any other method prescribed by law for the arrest and prosecution of a person violating these laws.” However, construing Section 66-8-127 to allow citizens’ arrests would render meaningless the mandate in Section 66-8-124(A) that a peace officer must make arrests for violations of the Motor Vehicle Code and other laws relating to motor vehicles that are punishable as misdemeanors. Because “[w]e will reject an interpretation of a statute that makes parts of it ... meaningless[,]” State v. Herbstman,
E. BLAKE’S UNAUTHORIZED SEIZURE OF DEFENDANT DID NOT VIOLATE THE FOURTH AMENDMENT
{28} We next address whether Blake’s seizure of Defendant was unreasonable under the Fourth Amendment of the United States Constitution solely because she acted without statutory authority to either detain or arrest him. The Court of Appeals recently addressed a similar issue in Bricker where the defendant, who was driving with a suspended license, was placed under custodial arrest and taken to the police station instead of being issued a citation and then released from custody, as required by statute.
{29} In Bncker, the State argued that “an arrest in violation of a statute does not elevate the issue to a constitutional level.” Id. ¶ 19 (citing People v. Lyon,
[T]he United States Supreme Court [has] held fast with probable cause as the test of reasonableness, “without the need to balance the interests and circumstances involved in particular situations.... If an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender.”
Bricker,
{30} A few years after Bricker was filed, the United States Supreme Court ratified the Court of Appeals’ decision. In a factual scenario essentially identical to the facts before the Court in Bricker, the United States Supreme Court relied in part on At-water to hold that the defendant’s custodial arrest, in violation of a Virginia statute that required him to have been issued a citation and then released, did not offend the Fourth Amendment because it was supported by probable cause. Virginia v. Moore,
{31} The Supreme Court’s decision in Moore rested on the premise that “[i]ncorporating state-law arrest limitations into the Constitution would produce a constitutional regime” that would “vary from place to place and from time to time[J” Id. at-,
{32} The glaring difference between the facts present in Bricker and Moore and those in Defendant’s case is that here, Defendant was not detained by a commissioned officer. The issue before us is whether the Fourth Amendment would treat a violation of a state law restricting who may seize a person differently from a state law concerning whether a person may be taken into custodial arrest by an otherwise authorized officer. Given the broad language of the United States Supreme Court’s recent decision in Moore, we do not believe that the Fourth Amendment would distinguish between state laws purporting to address a seizure’s lawfulness. The only inquiry of consequence to the Fourth Amendment is whether the state actor has reasonable suspicion to detain or probable cause to arrest the defendant for a crime committed in his or her presence.
{33} Our conclusion that the Fourth Amendment is not concerned with a state actor’s violation of a statute governing who may seize a person suspected of committing a crime is supported by analogous cases from other jurisdictions reaching the same conclusion. See, e.g., People v. Hamilton,
{34} Defendant does not present any additional arguments that his seizure was unconstitutional under the Fourth Amendment. His sole argument on appeal to this Court is that his seizure was unconstitutional because Blake was without statutory authority to either detain or arrest him. Therefore, we do not address any other arguments relating to the lawfulness of his detention and subsequent arrest, such as whether his arrest was supported by probable cause. We hold that Blake’s lack of statutory authority to seize Defendant did not violate Defendant’s Fourth Amendment protections against unreasonable seizures.
F. DEFENDANT’S CONSENT TO THE BLOOD TEST WAS VALID
{35} Defendant argues that the results of his blood test should be suppressed because the test was taken without his voluntary consent. He admits that he ultimately consented to the blood draw. However, he argues that his consent was not valid because it was the product of duress and coercion. We disagree.
{36} The record shows that once Defendant was arrested at the hospital, he was asked “more than twice” if he would consent to a blood draw and that he refused these “numerous” requests. However, after Defendant had been evaluated and scheduled for release from the emergency room, the arresting officer gave him a “last chance” to consent to the blood draw. The officer explained to him that if he did not consent to the blood draw, he would be charged with aggravated DWI and, if he were to be convicted, the consequences of that conviction. Defendant then consented to have his blood drawn.
{37} The Court of Appeals affirmed the district court’s denial of Defendant’s motion to suppress the results of his blood draw. Slayton, No. 27,892, slip op. at 12-13. The Court of Appeals concluded that “Defendant only had the right ‘not to be forcibly tested after manifesting refusal.’ ” Id. at 12 (quoting McKay v. Davis,
Any person who operates a motor vehicle within this state shall be deemed to have given consent, subject to the provisions of the Implied Consent Act [66-8-105 NMSA 1978], to chemical tests of his breath or blood or both ... for the purpose of determining the drug or alcohol content of his blood if arrested for any offense arising out of the acts alleged to have been committed while the person was driving a motor vehicle while under the influence of an intoxicating liquor or drug.
NMSA 1978, {66 — 8—107(A) (1978, as amended through 2003). The Implied Consent Act also provides that if a person refuses to submit to a breath or blood test, “none shall be administered except when a municipal judge, magistrate or district judge issues a search warrant authorizing chemical tests as provided in Section 66-8-107 NMSA 1978[.]” NMSA 1978, § 66-8-111 (A) (1978, as amended through 2005). This right, however, is a only a right “not to be forcibly tested after manifesting refusal.” McKay,
{38} Defendant does not argue that he was forcibly tested. Rather, he argues that his consent was coerced by the arresting officer’s explanation that if he did not consent, he would be charged with aggravated DWI. As explained previously, Defendant’s implied consent to the blood draw was given when he got behind the wheel and took to the road. As a result, any coercion affecting his consent would be to his willingness to drive the vehicle, not to submit to the blood test. Therefore, because Defendant was neither forcibly tested nor coerced to drive his vehicle, he consented pursuant to the Implied Consent Act, regardless of the officer’s representations of the consequences of his failure to submit.
III. CONCLUSION
{39} Although Blake did not have statutory authority to detain or arrest Defendant for suspected DWI, her lack of authority did not by itself amount to a violation of the Fourth Amendment’s protections against unreasonable seizure. Defendant’s consent to have his blood drawn was valid. Therefore, we affirm his conviction.
{40} IT IS SO ORDERED.