Boating While Intoxicated
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. 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.
- 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.