Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs

New Mexico law prohibits anyone from boating while intoxicated—that is, operating a vessel while intoxicated due to alcohol or any combination of alcohol, controlled substances, or drugs. This prohibition includes any person being towed behind a vessel on water skis, surfboards, or similar devices.

Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction time. Alcohol contributes to about one-third of all fatal boating accidents nationwide. Read more about the effects and risks of consuming alcohol.

New Mexico law states that it is evidence of boating while intoxicated (BWI) if a person has a blood alcohol concentration (BAC) of 0.08% or more, based on chemical analysis of blood or breath. However, an operator may be considered under the influence at lower levels and prosecuted when his or her actions provide other competent evidence of intoxication.

It is evidence of aggravated boating while under the influence of intoxicating liquor or drugs when a person has a BAC of 0.16% or more or causes bodily injury to any person as a result of BWI.

New Mexico law establishes the following penalties for BWI.

• First conviction carries a fine of up to $500 and/or jail time up to 90 days. In addition, those convicted must take an approved boating safety course.
• Second or subsequent convictions carry a fine of up to $750 and/or jail time up to 364 days.
• Convictions for aggravated boating while under the influence of intoxicating liquor or drugs carry additional penalties.

By operating a vessel on New Mexico waters, you have consented to be tested for alcohol or drugs if requested by a law enforcement official. If you refuse, you will be subject to arrest and punishment consistent with state law.

The best thing you can do for your safety and the safety of your passengers and other boaters is simple—Don't drink and boat!

Areas of Impairment Due to Blood Alcohol Concentration (BAC) Because you can drink faster than your system can burn off the alcohol, there is an increasing level of alcohol in your blood. This level is referred to as Blood Alcohol Concentration (BAC).