2015 New Mexico Statutes
Chapter 66 - Motor Vehicles
Section 8 Crimes, Penalties and Procedure
Section 2 TRAFFIC OFFENSES
Section 66-8-138 Consumption or possession of alcoholic beverages in open containers in a motor vehicle prohibited; exceptions.

NM Stat § 66-8-138 (2015) What's This?

66-8-138. Consumption or possession of alcoholic beverages in open containers in a motor vehicle prohibited; exceptions.

A. No person shall knowingly drink any alcoholic beverage while in a motor vehicle upon any public highway within this state.

B. No person shall knowingly have in the person's possession on the person's body, while in a motor vehicle upon any public highway within this state, any bottle, can or other receptacle containing any alcoholic beverage that has been opened or had its seal broken or the contents of which have been partially removed.

C. It is unlawful for the registered owner of any motor vehicle to knowingly keep or allow to be kept in a motor vehicle, when the vehicle is upon any public highway within this state, any bottle, can or other receptacle containing any alcoholic beverage that has been opened or had its seal broken or the contents of which have been partially removed, unless the container is kept in:

(1) the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers;

(2) the living quarters of a motor home or recreational vehicle;

(3) a truck camper; or

(4) the bed of a pick-up truck when the bed is not occupied by passengers.

D. This section does not apply to any passenger in a bus, taxicab or limousine for hire licensed to transport passengers pursuant to the Motor Carrier Act [65-2A-1 to 65-2A-40 NMSA 1978] or proper legal authority.

History: 1978 Comp., 66-8-138, enacted by Laws 1989, ch. 316, 2; 1999, ch. 143, 1; 2001, ch. 28, 1; 2001, ch. 120, 1; 2013, ch. 172, 1.

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