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 18.17.2 NMAC 11.G)

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.

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.

Don't drink and boat!