It's the Law: On the Water

Alcohol and Drugs (66-12-11 NMSA 1978; 66-13-3 NMSA 1978; 66-13-6 NMSA 1978; 66-13-8 NMSA 1978; 66-13-11-13 NMSA 1978; BAR 11.7)

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.

Just remember this simple rule:
Don't drink and boat!