New Mexico Minor in Possession Laws

Online Alcohol Class offers the most comprehensive online MIP classes available in New Mexico. We offer Level 1 (8 hour), Level 2 (16 hour), and Level 3 (24 hour) online Minor in Possession and Minor in Consumption Classes.

Often students and parents call us to ask about the MIP laws in New Mexico. As a courtesy, we've compiled the laws from every state and listed them below.

Please note that the New Mexico MIP laws displayed on this page are meant to help help you to understand your local New Mexico laws. While we have tried to show the most up-to-date version of New Mexico MIP laws, but we do not guarantee its accuracy. This information is not a replacement for legal advice from a lawyer. It is in your best interest that you find an appropriate lawyer for more information about New Mexico minor in possession laws.

New Mexico Minor In Possession Laws

New Mexico Underage Possession of 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.โ€

New Mexico Underage Consumption of Alcohol

Consumption is not explicitly prohibited.

New Mexico Internal Possession by Minors

Internal possession is not explicitly prohibited.

New Mexico Underage Purchase of Alcohol

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

Furnishing Alcohol to Minors in New Mexico

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,โ€ or when "alcoholic beverages are used in the practice of religious beliefs." See N.M. Stat. Ann. ยง 60-7B-1(B).

Minimum Ages for On-Premises Servers and Bartenders in New Mexico

Beer: 19 for servers and 21 for bartenders

Wine: 19 for servers and 21 for bartenders

Spirits: 19 for servers and 21 for bartenders

Minimum Ages for Off-Premises Sellers of Alcoholic Beverages in New Mexico

Beer: 21

Wine: 21

Spirits: 21

False Identification for Obtaining Alcohol in New Mexico

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

New Mexico Blood Alcohol Concentration (BAC) Limits and Underage Operators of Noncommercial Motor Vehicles in New Mexico

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

Applies to drivers under age 21.

New Mexico Retail Sales: Keg Registration

Keg definition: more than 6 gallons

Purchaser information collected:

  • Purchaser's name and address
  • Verified by a government-issued ID

Warning information to purchaser: active โ€“ purchaser action required (e.g., signature)

Deposit: not required

Provisions do not specifically address disposable kegs

New Mexico Underage Driving Privileges: Use/Lose

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

Prohibitions Against Hosting Underage Drinking Parties in New Mexico

No State-imposed liability for hosting underage drinking parties.

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