Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs

New Mexico law prohibits anyone from boating while intoxicated (BWI). This includes operating any vessel or using any water skis, wakeboard, kneeboard, or other similar device while under the influence of alcohol or any controlled substance. Don't drink and boat—it's against the law.

Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction times. Alcohol is a major contributor to boating accidents and fatalities. Read more about the effects and risks of consuming alcohol.

• New Mexico law states that it is evidence of 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.
  • A first conviction carries a fine of up to $500, jail time for up to 90 days, or both. In addition, those convicted must take an approved boating safety course.
  • Second or subsequent convictions carry a fine of up to $750, jail time for up to 364 days, or both.
  • 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 may be subject to increased penalties and may be found guilty of aggravated BWI.

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).