New Mexico § 66-8-138 Consumption or possession of alcoholic beverages in

New Mexico Statutes

§ 66-8-138 — Consumption or possession of alcoholic beverages in

New Mexico § 66-8-138

Ch. 66Motor Vehicles

Art. 8Crimes, Penalties and Procedure

This text of New Mexico § 66-8-138 (Consumption or possession of alcoholic beverages in) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 66-8-138 (2026).

Text

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 brok

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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 [Chapter 65, Article 2A NMSA 1978] or proper legal authority.