New Mexico boating and alcohol laws

It is illegal in the state of New Mexico to operate any boat, or to manipulate any waterskis, surfboard or similar device while under the influence of alcohol or controlled substances.

In New Mexico, a person is considered to be under the influence if:

• They have a Blood Alcohol Concentration (BAC) level of 0.08 or more.

Even operators with a lower BAC level can be considered under the influence and can be prosecuted if their actions provide evidence of intoxication.

Aggravated Boating While Under the Influence

A person who has a BAC level of 0.16 or higher, and causes bodily harm to a person as a result of unlawful operation of a motorized boat is evidence of aggravated boating while under the influence.

FINES AND PENALTIES

In New Mexico, a person convicted of operating a boat while under the influence will be subject to the following penalties:

On the first conviction:

• A fine of up to $500 and/or imprisonment for up to 90 days.
• Requirement to complete a boating safety course.

On a second or subsequent conviction:

• A fine of up to $750 and/or imprisonment for up to 364 days.

Any person convicted of aggravated boating while under the influence will be subject to more severe/additional penalties.

NEW MEXICO BOAT REGISTRATION

To legally operate a motorized boat in the state of New Mexico, you must obtain and carry a Certificate of Number on the boat during operation. 

A Certificate of Number can be obtained through the Motor Vehicle Division by submitting the required documentation and fees. Upon application, boat owners will receive their Certificate of Number and decals.

Certificates of Number are valid for three years, and expire on December 31st of the third year. Additionally, the MVD must receive the renewal for a registration within 60 days of the old registration expiring. The registration number will stay assigned to that boat for its lifetime, unless the boat is destroyed, abandoned or is registered in another state.

THESE VESSELS DO NOT REQUIRE REGISTRATION IN NEW MEXICO

• Boats that have been federally documented by the Coast Guard.
• Motorized boats from another state or country that are temporarily using New Mexico waters, for a period of less than 90 consecutive days.
• Motorized boats owned by the U.S. government, or by the state of New Mexico, or any subdivision of those governments.

BOAT TITLING REQUIREMENTS

All boats being operated in New Mexico must be titled at a fee of $10. Boat owners are required to apply for a title within 30 days of transferring a boat into their name or purchasing a boat.

For boats that must be registered, the Certificate of Number will not be issued until the boat is titled. This applies for registration renewals.

Titling fees also include excise tax.

DO I NEED BOAT INSURANCE IN NEW MEXICO?

Boats in New Mexico are not required to be insured, however it is recommended. 

Boats in New Mexico are required to correctly display their registration number and validation stickers. 

Registration numbers and stickers must be displayed as follows:

• Numbers must be applied as a decal, painted or permanently affixed to the forward half of each side of the boat (boat owners are not permitted to display any other numbers in this area).
• The registration number must be in bold block letters that are at least three inches high and in a color that contrasts with the color of the boat.
• The numbers in the registration number must be separated from the letters by a hyphen or by an equivalent space.
• The numbers must be read from left to right.
• Validation decals must be affixed to the port (left) side of the boat and must be six inches to the right of the registration number.
• These placement requirements also apply to personal watercraft (PWCs).

CARELESS, RECKLESS OR NEGLIGENT BOAT OPERATION

It is illegal in the state of  New Mexico to operate any type of boat or to manipulate any waterskis, surfboard or similar device in a careless, reckless or negligent manner so as to endanger the life, limb or property of any person.

Examples of careless, reckless and negligent boat operation include:

• Maneuvering a passenger being towed so as to pass the towline over another boat or the towed passenger of another boat.
• Creating a dangerous wake or jumping the wake of another boat in a way that is dangerous.
• Anchoring your boat less than 150 feet from a courtesy dock, marina or boat launch.
• Chasing or harassing wildlife with your boat.
• Navigating toward another boat and swerving at the last possible moment.
• Operating a motorized boat in a restricted area.
• Fishing from a boat that is drifting or trolling within 150 feet of any marina, boat ramp, or courtesy dock.

SPEED LIMITS AND RESTRICTED AREAS

In New Mexico it is Unlawful to: 

• Operate at any speed greater than is reasonable or proper according to conditions prevailing at the time.
• Operate at a speed that would not allow you to avoid swamping or colliding with another watercraft or person.
• Operate at greater than ‘No Wake Speed’ when within 150 feet of launch ramps, docks, mooring lines, beached or anchored boats that are within 150 feet of shore, swimmers, fishermen and areas designated for ‘No Wake’ boating.
  • Exception: Under adverse weather conditions, a boat may maintain the minimum speed necessary to maintain a safe course.
• Operate a boat in any restricted or zoned area.
• Waterski within 150 feet of a public dock (other than a ski dock), mooring line, launching ramp, boat, fisherman, swimmer or a person not also engaged in waterskiing.

NON-NATIVE AQUATIC SPECIES

The New Mexico Department of Game and Fish, along with state, federal and private partners, are working diligently to stop the spread of Aquatic Invasive Species in the state.

Zebra and Quagga Mussels in New Mexico 

The spread of zebra and quagga mussels in New Mexico not only pose a risk to New Mexico’s native aquatic wildlife, but also to all water-based recreation including boating and fishing, as well as to all surface water delivery systems including municipal water supplies, hydroelectric power generation and irrigation for farming and agriculture.

New Mexico is a water-dry state and there is currently no known method for the successful irradiation of these mussels. This is why infestations by zebra or quagga mussels will have such a negative affect on New Mexicans. Understand that it is illegal to knowingly transport AIS into and within New Mexico’s borders.

New Mexico is asking boaters to CLEAN, DRAIN and DRY their boats to stop the spread of harmful invasive mussels. Properly cleaning and drying your boat will also help keep it in good condition and allow all of us to continue to enjoy our favorite lakes for years to come. Be prepared for inspections designed to help ensure that New Mexico’s waters remain free of these harmful mussels.

Help prevent the spread of non-native species

• Inspect all surfaces of your boat and remove aquatic plants or animals before leaving any body of water.
• Ensure you flush raw-water cooling systems and clean sea-strainers before moving your boat from one body of water to another.
• Empty and dry any buckets before leaving a body of water.
• Remove any plant fragments from bait wells, fishing gear, trailers, dive gear or props.
• Dispose of plant fragments and bait into a garbage receptacle on land. 
• Avoid chopping vegetation with your boat’s propeller.
• Clean and dry all live-wells prior to transporting your boat.
• Drain all water from your motor and bilge and dry all areas.
• Thoroughly wash your boat, including the hull, before putting it into a new body of water.
• Refer to specific drying times.