He then refused to do a breathalyzer.

Martinez is a former Rio Arriba County magistrate who has held the Democratic Senate District 5 seat for nearly two decades representing parts of Los Alamos, Rio Arriba, Sandoval and Santa Fe counties.

No word yet on the condition of the other two people that were sent to the hospital.

It was unclear Sunday if Martinez has a lawyer who can speak on his behalf.

Martinez has been released from jail, but he has not responded to KOB 4's requests for comment.

State Senate President Pro Tem Mary Kay Papen and Senate Majority Leader Peter Wirth released the following statement Monday:

“This is a difficult situation. Our immediate concern is for the well-being of everyone involved in the accident. Senator Martinez is a valued member of our caucus and is entitled to the process afforded him under the law. DWI continues to be a very serious issue for our state. This is a developing matter and we have no further comment at this time.”

This is a developing story. Stay with KOB Eyewitness News 4 and KOB.com for updates.