New Mexico | APIS - Alcohol Policy Information System (2023)

A project of the National Institute on Alcohol Abuse and Alcoholism

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(Video) Basic Navigation of the Alcohol Outlet Density Map

APIS COVID-19 Coverage: COVID-19 Alcohol-related policies adopted in response to the COVID-19 pandemic

Underage Drinking

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private location
  • AND EITHER parent/guardian OR spouse

Notes:
POSSESSION: In New Mexico beginning July 1, 2004, possession of alcoholic beverages by a person under 21 is specifically allowed when "a parent, legal guardian or adult spouse of a minor serves alcoholic beverages to that minor on real property, other than licensed premises, under the control of the parent, legal guardian or adult spouse.”

(Video) Introduction to Alcohol Outlet Density Mapping in Las Cruces, NM

Internal possession is not explicitly prohibited.

Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private location
  • AND EITHER parent/guardian OR spouse

Notes:
In New Mexico beginning July 1, 2004, furnishing of alcoholic beverages to a person under 21 is specifically allowed when "a parent, legal guardian or adult spouse of a minor serves alcoholic beverages to that minor on real property, other than licensed premises, under the control of the parent, legal guardian or adult spouse,” or when "alcoholic beverages are used in the practice of religious beliefs." See N.M. Stat. Ann. § 60-7B-1(B).

  • Beer: 19 for servers and 21 for bartenders
  • Wine: 19 for servers and 21 for bartenders
  • Spirits: 19 for servers and 21 for bartenders

(Video) Connecting Alcohol Policy to a Comprehensive Prevention Approach, Part 2: Implementation Esentials

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting suppliers:

  • It is a criminal offense to lend, transfer, or sell a false ID

Provision(s) targeting retailers:

  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Keg definition: more than 6 gallons

Purchaser information collected:

(Video) Connecting Alcohol Policy to a Comprehensive Prevention Approach, Part 1: Essentials for Prevention

  • purchaser's name and address
  • verified by a government-issued ID

Warning information to purchaser: active – purchaser action required (e.g., signature)

Deposit: not required

Provisions do not specifically address disposable kegs

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage purchase
  • Underage possession

Use/lose penalties apply to minors under age 18

Authority to impose driver's license sanction

  • discretionary

Length of suspension/revocation: 90 days

No State-imposed liability for hosting underage drinking parties.

FAQs

Can minors drink with parents in New Mexico? ›

Underage Drinking: Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S): private location. AND EITHER parent/guardian OR spouse.

What is the MIP law in New Mexico? ›

New Mexico MIP law states that it is unlawful for any person under the age of 21 to possess, purchase, attempt to purchase, or consume alcohol.

What is the alcohol policy database? ›

The Alcohol Policy Information System (APIS) provides detailed information on a wide variety of Alcohol-Related Policies in the United States at both State and Federal levels, as well as policy information regarding the Recreational Use of Cannabis.

Can you drink alcohol at 18 in New Mexico? ›

It is unlawful to serve or sell alcohol to anyone under the age of 21. If the person is under the age of 17, they must be with a parent or guardian in an establishment whose primary business is the sale of alcohol or adult entertainment.

Which US states can you drink at 18? ›

Kansas, Ohio, Oklahoma, and South Dakota: The legal drinking age is 18 for 3.2% ABV beer, and 21 for beer stronger than 3.2% ABV, wine, and liquor.

Can you buy alcohol with a vertical ID in New Mexico? ›

A licensee or a licensee's agent or employee shall not sell, serve or provide alcoholic beverages to a person who has a New Mexico driver's license or an identification card that is printed in a vertical format. B.

Is New Mexico a single consent state? ›

Is New Mexico a One Party Consent State? New Mexico recording law stipulates that it is a one-party consent state. In New Mexico, it is a criminal offense to use any device to record, obtain, share or use wire communications without the consent of at least one person taking part in the conversation.

Is minor in possession a misdemeanor in New Mexico? ›

New Mexico has stiff penalties for providing alcohol to minors: Criminal Prosecutions: It is a felony for adults to provide alcohol to minors who are not their own children. Minors 18-21 years of age can be charged with misdemeanor possession of alcohol as well as the felony for providing alcohol to another minor.

How long does a misdemeanor stay on your record in New Mexico? ›

Municipal ordinance violations: two years. Most misdemeanor convictions: two years. Fourth-degree felony convictions: six years. Second-degree felony convictions: eight years.

What is an alcohol compliance monitor? ›

This device is usually an ankle bracelet that monitors and measures alcohol consumption 24 hours a day, seven days per week. Thus, it allows courts or other supervision authorities to determine whether offenders are compliant with abstinence orders.

What is an alcohol monitoring tag? ›

Alcohol monitoring is a new form of electronic tagging to rehabilitate people who've committed alcohol-driven crimes, under an ambitious £180m plan to expand the use of electronic monitoring to cut crime.

How do alcohol websites verify age? ›

Just as a consumer might do at a liquor store — a government-issued ID must be presented to the carrier proving the recipient is of age.

Is 18 a minor in New Mexico? ›

According to 6.31. 2.13(K) of the New Mexico Administrative Code (NMAC): A person's age of majority begins on the first instant of his or her 18th birthday and a person who has reached the age of majority is an adult for all purposes not otherwise limited by state law.

Do they ID you for alcohol in Mexico? ›

Mexico requires that young adults show photo identification, either a passport or driver's license, as proof of age when buying alcohol. Be prepared to have your ID at most resorts, bars, restaurants, and nightclubs, even though most are not strict in their practice of checking.

What can you do at 18 in New Mexico? ›

A child becomes an adult on their 18th birthday in New Mexico. At that time, the child can vote or buy cigarettes, among other adult activities. Minors can be emancipated or consider a legal adult despite being under 18 through several different routes: Marriage (even if subsequently divorced or annulled)

What is the lowest drinking age in the world? ›

The youngest legal drinking age in the world is 15, with both Mali and the Central African Republic allowing folks to drink at that time. Seven countries do not have a government-mandated drinking age, while 11 countries ban the consumption of booze entirely.

What is the lowest legal drinking age in us? ›

A Minimum Legal Drinking Age (MLDA) of 21 saves lives and protects health. Minimum Legal Drinking Age (MLDA) laws specify the legal age when an individual can purchase alcoholic beverages. The MLDA in the United States is 21 years.

What is the drinking age in Russia? ›

In Russia, the legal drinking age is usually eighteen. Usually, because there are some exceptions to that case. Technically, stronger alcohol such as cognac and vodka is sold only to those over 21.

What forms of ID are acceptable to buy alcohol in New Mexico? ›

What are acceptable forms of identification?
  • Any ID card issued by a federal, state or municipal government that contains a picture of the person and a birth date showing that they are over 21 years of age.
  • Some examples are a driver's license, non-driver ID, military ID, or a passport.

Is there a 3 drink limit in New Mexico? ›

The state's new restaurant liquor license allows businesses to serve a customer only three alcoholic drinks with dinner, he said. Restaurants also must show at least 60 percent of their profits come from food sales. Most restaurants “average 10 to 20 percent in liquor sales,” he added.

What is a vertical ID in Albuquerque? ›

States, including New Mexico, issue vertical IDs to people who are under 21 primarily to make it easier for law enforcement, as well as retailers, to determine the age of the cardholder. The IDs are still valid after the cardholder turns 21.

Can you record a cop in New Mexico? ›

New Mexico is one of those states where people have a right to record an officer. However, the rule may not apply to all situations where you interact with a police officer. If you or your loved one has been arrested in Albuquerque, do not hesitate to speak with a criminal defense lawyer as soon as possible.

Do you have to identify yourself in New Mexico? ›

In New Mexico, you are only required by law to give a police officer your name. If you are driving a vehicle, you are required to show a police officer your driver's license, proof of insurance and car registration.

What is the youngest age in New Mexico that a female can get married? ›

Any adult ages 18 or older can marry any other adult, whether of the opposite sex or same sex. Same sex marriage has been legal in New Mexico since December 2013. A 16 or 17 year old teen can marry with the written consent of each living parent of the minor.

What is the first time possession charge in New Mexico? ›

Criminal Punishments for Possession of Controlled Substances

Monetary fine between $100 to $1,000 for a first offense petty misdemeanor. Up to one year in jail and a fine for a full misdemeanor.

Do misdemeanors go away in New Mexico? ›

Municipal ordinance or misdemeanor convictions: Two years from the end of the sentence. Misdemeanor aggravated battery or 4th-degree felony convictions: Four years from the end of the sentence. 3rd-degree felony convictions: Six years from the end of the sentence.

How do you get a misdemeanor off your record in New Mexico? ›

How Do I Apply for Expungement?
  1. Locate your records. ...
  2. Complete the appropriate forms. ...
  3. Review each court case. ...
  4. Attach arrest records, court records, and sentencing records to your petition. ...
  5. Make copies of everything.
  6. File the Petition with the district court. ...
  7. Pay the $132.00 fee.

How long will a DUI stay on your record in New Mexico? ›

Alcohol and the Law

Subsequent DWI convictions will result in increased fines, more jail time and a longer license revocation. Any DWI conviction will remain on your driving record for 55 years.

Can you expunge a DUI in New Mexico? ›

Can You Expunge a DWI/DUI Arrest or Conviction in New Mexico? You cannot expunge a DWI/DUI arrest or conviction record in New Mexico under state laws. You should fight your DWI/DUI charges if you face them to avoid having a conviction or arrest on your MVD record for 55 years.

How far back do background checks go in New Mexico? ›

New Mexico State laws on Employment Background Checks

Under N.M. Stat. § 56-3-6, credit bureaus may only report criminal convictions for seven years from the date of conviction or release from parole. Arrests and pending cases can only be reported while they are pending.

Can an ankle monitor tell if you've been drinking? ›

Remember that an ankle monitor can detect alcohol consumption, track GPS location, and has voice communication capabilities.

How long do you have to wear an alcohol monitor? ›

Court-Ordered Alcohol Monitoring

In criminal cases, the court orders the defendant to wear the bracelet for a set period of time, often 60 or 90 days. But in some cases, the offender must wear a SCRAM monitor for a year or longer as a term of probation or parole.

What does a scram monitor detect? ›

Using the science of transdermal testing, the SCRAM CAM bracelet tests samples the wearer's sweat and tests for alcohol every 30 minutes around the clock and is even able to distinguish ingested alcohol from environmental alcohol sources (such as lotions or perfumes that contain alcohol).

Can a SCRAM bracelet detect one drink? ›

Will the device detect even a small amount of alcohol in my system? How sensitive is it? SCRAM devices will usually detect if you have a blood alcohol content (BAC) of less than 0.02%.

Does scram know your location? ›

The SCRAM GPS bracelet constantly monitors a client's location and is fully integrated with the SCRAM suite of monitoring solutions—consolidated on one single platform.

What happens if your SCRAM bracelet detects alcohol? ›

What happens if a drink or a product containing alcohol is accidently spilled on the bracelet? SCRAM CAM could produce an alert for alcohol spilled on the bracelet; however, the system is designed to distinguish between exposure to alcohol around the bracelet and consumed alcohol that is eliminated through the skin.

Does alcohol proof go up with age? ›

The proof in your barrel has now (most likely) increased from 103 to 110 – as proof almost always increases during the aging process.

How do websites check if you are 21? ›

With digital identity verification (IDV), the consumer's personally identifiable information (PII) data such as name, address and date of birth is obtained with their consent, and the PII is then checked against data sources to see if the information matches — in other words, it is established if the customer is indeed ...

What can be used as proof of age for alcohol? ›

Examples of acceptable ID include photo card driving licences, passports, military identification or proof of age cards bearing the PASS hologram, although other forms of ID which meet the criteria laid out above are also acceptable.”

Can a minor drink at a restaurant with parents in New Mexico? ›

Underage Drinking: Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S): private location. AND EITHER parent/guardian OR spouse.

Can 18 year olds drink in New Mexico? ›

Yes, in private residence if parent/guardian/spouse is present or consents Note: In New Mexico , possession of alcoholic beverages by a person under 21 is specifically allowed when "a parent, legal guardian or adult spouse of a minor serves alcoholic beverages to that minor on real property, other than licensed ...

Is there a Romeo and Juliet law in New Mexico? ›

First, there is a “Romeo and Juliet” exception. Anyone between the ages of 13 and 16 can consent to sex with a person who is no more than 4 years their senior. However, nobody under the age of 13 can legally consent to sex in New Mexico, regardless of the age of the partner. Second, there is a spousal exception.

Can an 18 year old American drink in Mexico? ›

Yes, a U.S. citizen can drink in Mexico if they are at least 18 years old, which is the minimum legal drinking age. What part of Mexico can you drink at 18? The legal drinking age in all of Mexico is 18 years old. You can drink alcohol in bars, restaurants, and clubs if you meet the 18 years old age limit.

Do you have to be 21 to drink in New Mexico? ›

It is unlawful to serve or sell alcohol to anyone under the age of 21. If the person is under the age of 17, they must be with a parent or guardian in an establishment whose primary business is the sale of alcohol or adult entertainment.

Can a 15 year old date a 18 year old legally in New Mexico? ›

Yes. A minor, who is 13 or older may have sex with another minor under the age of 18 (who is also less than four years older than the younger minor) without punishment. New Mexico Statutes §30-9-11.

Can you buy a vape at 18 in New Mexico? ›

Sale/distribution of e-cigarettes or a nicotine liquid container to persons under age 21 prohibited. Self-service displays of e-cigarettes and nicotine liquid prohibited.

Do you have to be 18 to buy condoms in New Mexico? ›

How old do you need to be to buy condoms? You can buy condoms at any age. Condoms are available in drugstores, Planned Parenthood health centers, other community health centers, some supermarkets, and from vending machines. Individually, condoms usually cost a dollar or more.

Can you drink under 21 with a parent in the US? ›

In 45 states, laws allow underage drinking in certain situations. In 29 states, someone under 21 may drink with their parent's permission if it's in a private residence or on private property. Six states allow someone under 21 to drink on private property without their parent's consent.

Can adults drink around minors? ›

Generally, there is no law that forbids adults from drinking in front of minors at a party. However, nearly every state prohibits serving, selling, or providing access to alcohol to minors.

Can you be 16 and drink in Mexico? ›

The minimum legal drinking age in Mexico is 18 years old. Mexico requires that young adults show photo identification, either a passport or driver's license, as proof of age when buying alcohol.

How old do you have to be to drink in Mexico with parental consent? ›

Legal Drinking Age in Mexico with Parents

The legal age for drinking in Mexico is 18 years of age and exceptions are not made if drinking with parents or a legal guardian in public.

What state has the most strict liquor laws? ›

4. Which states have the strictest liquor laws? The strictest states on alcohol are Pennsylvania, Utah and North Carolina. For example, in North Carolina, drink offers such as “buy one get one free” are completely prohibited.

Can you drink at 18 anywhere in the US? ›

Although the minimum legal age to purchase alcohol is 21 in all states and most territories (see National Minimum Drinking Age Act), the legal details for consumption vary greatly. While a few states completely ban alcohol usage for people under 18, the majority have exceptions that permit consumption.

What US states Can you drink under 21? ›

With the exception of five states (Alabama, Arkansas, Idaho, New Hampshire, and West Virginia), all states and DC allow underage consumption of alcohol under limited circumstances such as in the presence of parents, for religious or medical purposes, or while in a class that requires tasting.

Can an under 18 drink alcohol with a meal? ›

It is illegal to buy alcohol for someone under 18 in a licensed premises, the only exception is for 16 or 17 year-olds who are allowed to drink beer, wine or cider with food if with an adult (but they may not buy the alcohol themselves).

What is the drinking age in Japan? ›

In Japan, the legal adult age is 20. Japanese law prohibits individuals under the age of 20 to drink alcohol or smoke. Regardless of age, you must not force anyone to drink or smoke as it may cause serious health and social consequences.

Can a 17 year old drink alcohol at a private party? ›

In England, Scotland and Wales, it's not illegal for someone between the ages of five and 17 to drink alcohol at home or on other private premises. But this does not mean it is recommended. The best advice for young people's health and wellbeing is an alcohol-free childhood.

What is the youngest drinking age in the world? ›

The youngest legal drinking age in the world is 15, with both Mali and the Central African Republic allowing folks to drink at that time. Seven countries do not have a government-mandated drinking age, while 11 countries ban the consumption of booze entirely.

What is Jamaica drinking age? ›

Used in moderation, alcohol is safe, but it`s just the opposite when it comes to binge drinking, alcoholism, drunk driving, or drinking spikes. The legal drinking age in Jamaica is 18. Providing alcohol to a person under the age of 18 is a criminal offence. And that`s just the physical effects.

What is the lowest drinking age? ›

A Minimum Legal Drinking Age (MLDA) of 21 saves lives and protects health. Minimum Legal Drinking Age (MLDA) laws specify the legal age when an individual can purchase alcoholic beverages. The MLDA in the United States is 21 years.

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