Read about New Mexico's boating while intoxicated (BWI) laws and the consequences of a conviction.
New Mexico has laws, are similar to its DUI laws, that make it illegal to operate a boat while under the influence of drugs or alcohol. This article covers New Mexico's boating while intoxicated (BWI) laws and the penalties you'll face for a BWI conviction.
New Mexico's Boating While Intoxicated (BWI) Law
New Mexico law prohibits operating a motorboat while under the influence of drugs or alcohol. A person can be convicted of boating while intoxicated (BWI) for operating a motorboat while:
- impaired by alcohol or drugs "to a degree that renders him [or her] incapable of safely operating a motorboat," or
- having a blood alcohol concentration (BAC) of .08% or greater.
So, a BWI conviction can be based on actual impairment or BAC.
New Mexico's Boating While Intoxicated (BWI) Penalties
The consequences of a New Mexico BWI conviction depend on the circumstances of the case. But generally, the possible penalties are related to whether the defendant has prior convictions.
Penalties for a 1st BWI Conviction in New Mexico
A first BWI typically carries up to 90 days in jail and/or a maximum of $500 in fines. Convicted boaters must also complete a state-approved boating safety course.
Penalties for a 2nd or Subsequent BWI Conviction in New Mexico
A second BWI generally carries up to 364 days in jail and/or a maximum of $750 in fines.
New Mexico's "Aggravated" BWI Penalties
New Mexico law provides enhanced penalties for certain BWIs deemed to be "aggravated" offenses. Generally, a BWI is an aggravated offense if the boater:
- had a BAC of .16% or greater
- caused bodily injury to another person, or
- refused to take a chemical test in violation of New Mexico's implied consent laws.
The consequences of an aggravated BWI conviction depend on whether the boater has prior convictions.
Penalties for a 1st Aggravated BWI Conviction in New Mexico
A first BWI that is an aggravated offense carries 48 hours to 90 days in jail and up to $1,250 in fines. Convicted boaters must also complete a state-approved boating safety course.
Penalties for a 2nd or Subsequent Aggravated BWI Conviction in New Mexico
A second BWI that is an aggravated offense carries 48 hours to 364 days in jail and up to $1,750 in fines.
Talk to an Attorney
The consequences of a New Mexico BWI are serious, and the facts of every case are different. If you've been arrested for boating under the influence, get in touch with an experienced DUI/BWI lawyer. A qualified attorney can explain how the law applies to the facts of your case and help you decide on the best course of action.
