Liquor law in New Mexico
Drinking Age in New Mexico
In the United States, the legal drinking age is determined by each state. New Mexico, like most states, has a legal drinking age of 21 years old.
Background
Prior to 1986, New Mexico had a legal drinking age of 19. However, in response to the National Minimum Drinking Age Act of 1984, which required states to raise their drinking age to 21 or face a reduction in federal highway funds, New Mexico raised its drinking age to 21 in 1986.
Exceptions
There are a few exceptions to the legal drinking age in New Mexico. These include:
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Underage drinking for religious purposes: Those under the age of 21 may consume alcohol as part of a religious ceremony or service.
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Underage consumption in a private residence: Those under the age of 21 may consume alcohol in a private residence, with the permission of a parent or legal guardian.
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Medical purposes: Those under the age of 21 may consume alcohol if it is prescribed by a licensed physician for medical purposes.
Consequences of breaking the law
In New Mexico, it is illegal to sell or provide alcohol to anyone under the age of 21. If caught breaking this law, individuals can face fines, community service, and even imprisonment. Additionally, those under the age of 21 who are caught consuming alcohol can face fines, community service, and the suspension or revocation of their driver's license.
Conclusion
While there are a few exceptions to the legal drinking age in New Mexico, it is important for adults to understand the consequences of breaking the law. It is illegal to sell or provide alcohol to anyone under the age of 21, and those under the age of 21 who are caught consuming alcohol can face serious legal consequences.
Brief Summary About Driving and Alcohol Laws in New Mexico
New Mexico has some of the strictest laws in the country when it comes to driving under the influence (DUI) of alcohol or drugs. It is essential to understand these laws to avoid legal troubles and ensure public safety on the roads. Here are the key points to know:
Blood Alcohol Concentration (BAC) Limits
| Type of Driver | BAC Limit |
|---|---|
| Regular driver over 21 | 0.08% |
| Commercial driver | 0.04% |
| Under 21 driver | 0.02% |
Drivers with a BAC level above these limits can face charges of DUI or Driving While Intoxicated (DWI).
Penalties for DUI/DWI
The penalties for DUI/DWI in New Mexico can include jail time, fines, community service, driver's license suspension, and ignition interlock device installation. The severity of the sentence depends on various factors, such as BAC level, prior offenses, and harm caused to others.
Implied Consent Law
New Mexico follows the implied consent law, which means that by driving on the state's roads, a driver has already given their consent to take a chemical test to determine their BAC level if an officer suspects them of DUI. Refusing to take the test can result in a driver's license suspension.
Open Container Law
It is against the law to have an open container of alcohol in the passenger area of a vehicle, whether the driver or passenger is consuming it or not. Violations of this law can result in fines and points on the driver's license.
Dram Shop Law
New Mexico has a dram shop law that allows victims of alcohol-related accidents to sue establishments that serve alcohol to visibly intoxicated or underage persons who later cause harm to themselves or others.
In conclusion, driving under the influence in New Mexico can have severe consequences. Drivers should understand the BAC limits, penalties, implied consent law, open container law, and dram shop law to stay on the right side of the law and protect themselves and others on the road.
Blood Alcohol Concentration in New Mexico
| Blood Alcohol Concentration (BAC) | Legal Limit in New Mexico |
|---|---|
| Less than 0.08% | Legal |
| 0.08% to 0.15% | Misdemeanor |
| Greater than 0.15% | Aggravated Misdemeanor |
In New Mexico, it is illegal for a driver who is age 21 or older to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater. This legal limit is in line with the standards set by the National Highway Traffic Safety Administration (NHTSA).
If a driver is found to have a BAC between 0.08% and 0.15%, they may face charges of misdemeanor DUI (Driving Under the Influence). This can result in penalties such as fines, license suspension, and even jail time.
If a driver's BAC is found to be greater than 0.15%, they may face charges of aggravated misdemeanor DUI. The penalties for this offense are typically more severe, including higher fines, longer license suspension, and mandatory ignition interlock device installation.
It's important for adults in New Mexico to understand the legal limits for BAC when it comes to driving. Driving under the influence not only puts the driver at risk, but also endangers the lives of others on the road.
Open container law in New Mexico
Open Container Law in New Mexico
The Open Container Law in New Mexico prohibits the consumption of alcohol in public places or in motor vehicles. Below are the key points to keep in mind:
What is Prohibited?
- Consumption of alcohol in public places such as streets, sidewalks, parks, and beaches.
- Possession of open containers of alcohol in motor vehicles on public roads or highways.
What Constitutes an Open Container?
An open container refers to any bottle, can, or other container that has been opened or has had its seal broken, and contains any amount of alcohol. This includes partially consumed containers of alcohol.
Penalties for Violating the Open Container Law
- A violation of the Open Container Law is considered a misdemeanor.
- The penalties for violating the Open Container Law can range from a fine of $25 to $100, depending on the jurisdiction.
- In some cases, a violation of the Open Container Law can result in the suspension of the driver's license.
It is important to note that New Mexico takes its Open Container Law seriously, and law enforcement officers are authorized to stop, detain, and ticket violators of this law. Therefore, it is advisable to refrain from consuming alcohol in public places or in motor vehicles in order to avoid penalties and legal consequences.
New Mexico Liquor Sale Open Hours
| City | Liquor Sale Open Hours |
|---|---|
| Albuquerque | Monday-Saturday: 7:00am - 12:00am Sunday: 12:00pm - 12:00am |
| Las Cruces | Monday-Saturday: 7:00am - 12:00am Sunday: 12:00pm - 12:00am |
| Santa Fe | Monday-Saturday: 7:00am - 12:00am Sunday: 12:00pm - 12:00am |
| Rio Rancho | Monday-Saturday: 7:00am - 12:00am Sunday: 12:00pm - 12:00am |
| Roswell | Monday-Saturday: 7:00am - 12:00am Sunday: 12:00pm - 12:00am |
In New Mexico, liquor sale open hours for cities like Albuquerque, Las Cruces, Santa Fe, Rio Rancho, and Roswell are the same. On Monday through Saturday, liquor sales are allowed from 7:00am to 12:00am; on Sundays, liquor sales are allowed from 12:00pm to 12:00am.
It is important to note that these hours may vary for different types of establishments, such as bars or restaurants. Additionally, certain holidays may have different liquor sale hours. It is recommended to check with specific establishments for their operating hours.