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