New Mexico's Boating While Intoxicated (BWI) Laws and Penalties

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.

BWI Penalties

The consequences of a New Mexico BWI conviction depend on the circumstances of the case. But generally, the possible penalties are:

• First-offense BWI. A first BWI typically carries up to 90 days in jail and/or a maximum $500 in fines. Convicted boaters must also complete a state-approved boating safety course.
• Second-offense BWI. A second BWI generally carries up to 364 days in jail and/or a maximum $750 in fines.

"Aggravated" BWI

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 are:

• First aggravated BWI. 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.
• Second aggravated BWI. 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 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.