New Mexico Alcohol Related Laws and Regulations

Where to Buy Alcohol
Rather than state-owned ABC stores, retail liquor stores are the facilities that sell alcoholic beverages. Alcohol is not allowed to be sold before 12 p.m. on Sunday.

Legal Age for Drinking/Serving Alcohol
At the age of 21, a person may consume alcohol, work as a bartender, or sell/transport alcohol. At 19 years old, a person may work in a restaurant where alcohol is served.

Open Container Laws
All previously opened bottles of alcohol must be transported in the trunk of a vehicle.

BAC Limits
If a chemical test (breath, blood, or urine) indicates that the driver’s blood-alcohol content (BAC) is over .08 percent, they are considered ‘per se intoxicated.’ The test results are the only proof needed to charge them with DUI (driving under the influence).

If the driver has a BAC level of .16 percent or more over the legal limit at the time of arrest, they will receive a more severe punishment.

Due to ‘zero tolerance laws,’ a driver under the age of 21 that tests with a BAC of .02 percent or higher can be charged with DUI.

Penalties
Due to ‘implied consent laws,’ a driver is required to comply with a law enforcement’s request to provide a breath, blood, or urine test to determine their level of intoxication. If a driver refuses to cooperate, they face penalties such as having their license suspended for up to one year.

The DMV (Department of Motor Vehicles) can suspend a driver’s license for 90 days for the first offense and the penalty for second and third offenses are at the discretion of the courts.

Although vehicle confiscation is not a penalty option in New Mexico, a second DUI conviction allows the courts to install an ignition interlock device at their expense. Another requirement may be alcohol abuse education and treatment.

After the third conviction, DUI is considered a felony.