Apr. 19—Newly released lapel camera footage from Santa Fe Magistrate Dev Atma Khalsa's February DWI arrest shows police officers discussing whether to ask the judge for a breath sample or a blood draw — a decision which ultimately led to a reduction in Khalsa's charges.

After Khalsa was transported to Christus St. Vincent Regional Medical Center following a Feb. 26 early morning rollover crash, lapel camera footage shows two Santa Fe Police Department officers talking outside the hospital about how to approach the arrest.

According to the video, Officer Alan Scott said he planned to ask Khalsa for a breath sample, which he said would have been performed at the police station if the judge complied. If Khalsa refused, the officer added it would amount to an aggravated DWI charge.

"Small thing in your plan — if he's here for more than three hours, can't have him blow [into a Breathalyzer]," Officer Andrew Laur responded. "So I would do blood."

Laur later added Khalsa refusing a blood draw would result in an aggravated DWI charge. But police had to reduce the charge; Deputy Chief Matthew Champlin said under state law police are not entitled to a sample of blood for misdemeanor DWI.

The exchange between the officers adds more context to questions about why Khalsa's initial aggravated DWI charge was later reduced after the arrest. He is charged with driving while under the influence of alcohol or drugs, careless driving and driving with an expired driver's license, according to Santa Fe Municipal Court records.

In an interview Monday, Champlin said Breathalyzer results can only be used in court proceedings if they come from the department's own machine at police headquarters. Santa Fe police have said they made the decision to transport the judge to the hospital because the judge's medical care was the top priority.

Since officers were unaware of how long Khalsa's hospital treatment may have lasted on the day of his arrest, responding officers opted to request a blood draw from the judge, according to the video. Khalsa refused the draw.

In light of the recently available lapel camera footage, Champlin wrote in an email, Laur was "speaking anecdotally more than likely." He added, officers are trained on the rate of alcohol reduction the body over time, which possibly led to the decision to ask for a blood draw.

"Officers are urged to obtain a breath test as close as possible to the time of traffic stop," Champlin wrote. "If a driver were to be held for hours at the hospital it could dramatically affect the accuracy of the blood alcohol content results."

He added, handheld Breathalyzer devices are used as an investigative tool, but the breath machine at police headquarters is formally certified by the state's Scientific Laboratory Division.

"This type of machine is the only machine recognized by the courts as a formal, certified, breath test. The other option is a blood draw, which Mr. Khalsa refused," Champlin wrote.

The aggravated DWI charge against the judge later was reduced because officers failed to request a breath sample.

Responding officers said they could smell alcohol on the judge during their initial response after the rollover, as shown in footage provided by the city in response to a public records request late last week.

Khalsa's attorney, Kitren Fischer, said in early March her client was evaluating resignation and would decide shortly. She did not respond to requests for comment on whether her client had made a decision.

The state Supreme Court temporarily suspended Khalsa on April 7. He is slated to appear at an April 26 hearing in Municipal Court, according to online records.