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

Read about New Mexico's boating while intoxicated (BWI) laws and the consequences of a conviction.

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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:

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:

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.

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