New Mexico Alcohol Laws: Learn the Laws & Avoid Jail

New Mexico alcohol laws apply to its  residents and visitors. Laws in the state may  differ from those visitors know. It’s good to learn  them and avoid legal problems.

I. Minimum Age Laws

Overview

I.   Minimum Age Law
II.  Alcohol Violations
III. Resources
IV.  Seek Good Advice

Young  people often want part-time jobs. Hospitality provides many. Some involve alcohol. What age is needed to serve alcohol in a restaurant? For tending bar? What about for selling alcohol to be consumed elsewhere?

New Mexico alcohol laws permit adults age 19 or older to serve alcohol in venues for drinking on-site. They must be  at least 21 to tend bar. The same is true to sell alcohol for off-site drinking.

new mexico alcohol lawsThose of any age under 21 may drink alcohol given by a parent, guardian or spouse 21 or older.  It must be on property other than premises licensed to sell alcohol. And the drinking must be under the control of the server. Many parents do this to demystify alcohol and teach moderation.

It is illegal for anyone under the age of 21 is to purchase any alcoholic beverage. Using a false ID to buy alcohol is a criminal act. It is also criminal to lend, transfer, or sell a false ID.

It is illegal for those under 21 to drive with a BAC over 0.02.

II. Alcohol Violations

Selling Alcohol

new mexico alcohol lawsBusinesses licensed to sell alcohol for consumption on their premises may do so Mondays from 7:00 a.m. until midnight. On Tuesdays through Saturdays from after midnight of the previous day until 2:00 a.m. Then from 7:00 a.m. until midnight.  On Sundays they may sell only after midnight of the previous day until 2:00 a.m.

Businesses licensed to sell alcohol for consumption off their premises have different hours. They may sell on Mondays through Saturdays from 7:00 a.m. until midnight.

Local option laws permit local jurisdictions to modify days and times of sales. In addition territories controlled by Indian nations, tribes or pueblos determine their own alcohol laws.

The state permits Sunday sales of alcohol at resorts and at horse racetracks.

new mexico alcohol lawsIt’a a violation of New Mexico alcohol laws to sell alcohol to anyone under age 21. That includes adults 18, 19, and 20 years old. There’s no exception for those adults serving in the U.S. military. It’s also a criminal act to sell to an obviously intoxicated person of any age.

There are penalties for selling alcohol to anyone either under 21 or obviously intoxicated within a twelve month period. A first offense results in a fine of $1,000 to $2,000. The state also prohibits all alcohol sales for one business day.

A second offense causes a fine of $2,000 to $3,000. This time the state prevents all alcohol sales for seven business days. If a third offense occurs, the fine is $10,000 and revocation of the alcohol license.

Purchasing Alcohol

It’s illegal for anyone under 21 to buy, or attempt to buy, alcohol. However, persons under 21 may do so to help law enforcement entrap clerks. The clerks who sell to them are arrested and charged with a felony.

Law enforcement also has them stand outside convenience stores or other alcohol retailers. They hand people money and ask them to buy alcohol for them. Those who agree to help are then arrested and charged with a felony.

It’s a violation of New Mexico alcohol laws to use a false ID to buy alcohol. Or to try to buy it. And it’s also illegal to loan, give, or sell an ID card to anyone under the age of 21.

However, a parent, guardian or spouse 21 or older may buy and serve alcohol to the person under that age. But it may not be served on licensed premises.

Driving and Alcohol

new mexico alcohol lawsNew Mexico alcohol laws prohibit driving while intoxicated (DWI). It’s illegal for anyone age 21 or older to drive with a blood alcohol concentration (BAC) of 0.08 or higher. For those under 21, it’s 0.02 or higher. And for commercial drivers, it’s 0.04.

If a breathalyzer suggests a BAC is 0.08 or higher, the driver’s license is revoked on the spot. (Breath testers don’t actually measure BAC. They only estimate it.)

However, being under that limit does not insure against arrest. All it takes is for an arresting officer think the person is too impaired to drive.

On the other hand many alcoholics develop alcohol intolerance. They can prove that they are not impaired well above 0.08. However, they may not present that evidence in their defense.

All drivers have a Constitutional right to decline taking a chemical BAC test. However, the state punishes those who use their right. Their license is revoked on the spot even if they are completely sober. The revocation is for one year. In addition, the state denies any restricted driving for work, school, or other essential activities.

Penalties

The exact penalties for DWI depend on the circumstances and the specific judge hearing the case. However, here are the general guidelines.

First DWI Offense

new mexico alcohol lawsFor a first offense, the driver’s license is suspended for one year. There is a BAC test fee of $65 and a fine of up to $500. The offender faces community service and the cost of mandated alcohol screening and treatment.

Second DWI Offense

A second offense incurs greater penalties.The license suspension is foe two years. Imprisonment is for 96 hours to 364 days and the fine is up to $1,000. Plus the BAC test fee of $65 and the cost of required screening and treatment. In addition, there’s community service.

Third DWI Offense

new mexico alcohol lawsFor a third offense, the license is suspended for three years. Imprisonment is 30 to 364 days. The maximum fine, BAC test fee, community service, and cost of screening and treatment remain the same.

Fourth DWI Offense

A fourth offense carries a lifetime license suspension. Imprisonment is six to 18 months and the maximum fine is $5,000. The BAC test fee and cost of screening and treatment are the same.

Aggravated DWI Offenses

Aggravated DWI offenses are from a DWI of 0.16, a DWI causing injury or death. It also results when drivers use their right not to submit to a chemical BAC test (estimator).

A first offense of aggravated DWI results in an additional mandatory imprisonment of 48 hours. If a second offense occurs, the additional imprisonment is 96 hours. And if a third occurs, it’s 60 hours of additional imprisonment.

Boating and Alcohol

new mexico alcohol lawsNew Mexico alcohol laws prohibit anyone boating while intoxicated (BWI). Boating refers to operating any vessel. It also includes using water skis, wakeboards, kneeboards, or similar devices.

Intoxication is having a blood alcohol concentration (BAC) of 0.08 or higher.

Aggravated BWI exists when an operator has a BAC of 0.16 or higher. Or when another person has bodily injury as a result of BWI.

A first conviction of BWI is penalized with imprisonment for up to 90 days. Also a fine up to $500, or both. Additionally, offenders must complete an approved boating safety course.

Second or later convictions are penalized with imprisonment up to 364 days. There’s also a fine up to $750, or both.

Aggravated BWI carry additional penalties. The state punishes operators who choose to use their right not to submit to a chemical BAC test. They are charged with aggravated BWI.

III. Resources on New Mexico Alcohol Laws

IV. Seek Good Advice

New Mexico alcohol laws can be ambiguous. This is true in all states. Lawyers spend years learning law. Do not rely on this or any other site.

And beware. Family may give advice. Colleagues may give opinions. Neighbors may give suggestions. Smile and thank them. Then ignore their advice about New Mexico alcohol laws. It’s the wise thing to do.

Get information and advice about Mew Mexico alcohol laws from an expert. That’s a lawyer with a license in the state.