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Home » US Law » 2021 New Mexico Statutes » Chapter 66 - Motor Vehicles » Article 13 - Boating While Intoxicated

Section 66-13-1 – Short title.

Sections 1 through 13 [66-13-1 to 66-13-13 NMSA 1978] of this act may be cited as the “Boating While Intoxicated Act”. History: Laws 2003, ch. 241, § 1. ANNOTATIONS Effective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.

Section 66-13-13 – Educational program.

The state parks division of the energy, minerals and natural resources department shall develop and implement a program to advertise and further educate the boating public about the dangers of boating while under the influence of alcohol or drugs and the penalties associated with a conviction pursuant to the provisions of the Boating While Intoxicated […]

Section 66-13-2 – Definitions.

As used in the Boating While Intoxicated Act: A. “bodily injury” means an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person’s body; B. […]

Section 66-13-4 – Guilty pleas; limitations.

When a complaint or information alleges a violation of Section 3 [66-13-3 NMSA 1978] of the Boating While Intoxicated Act, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of Section 3 of that act, and no […]

Section 66-13-5 – Municipal and county ordinances; unlawful alcohol concentration level for boating while under the influence of intoxicating liquor or drugs.

No municipal or county ordinance prohibiting the operation of a motorboat while under the influence of intoxicating liquor or drugs shall be enacted that provides for an unlawful alcohol concentration level that is different than the alcohol concentration levels provided in Section 3 [66-13-3 NMSA] of the Boating While Intoxicated Act. History: Laws 2003, ch. […]

Section 66-13-7 – Blood-alcohol test; law enforcement, judicial or probation officer unauthorized to make arrest or direct test except in performance of official duties authorized by law.

Nothing in the Boating While Intoxicated Act is intended to authorize a law enforcement officer, or a judicial or probation officer, to make an arrest or direct the performance of a blood-alcohol or drug test, except in the performance of his official duties or as otherwise authorized by law. History: Laws 2003, ch. 241, § […]

Section 66-13-8 – Implied consent to submit to chemical test.

A. A person who operates a motorboat within this state shall be deemed to have given consent, subject to the provisions of the Boating While Intoxicated Act, to chemical tests of his blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 […]

Section 66-13-9 – Consent of person incapable of refusal not withdrawn.

A person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by the Boating While Intoxicated Act, and the test designated by the law enforcement officer may be administered. History: Laws 2003, ch. 241, § 9. ANNOTATIONS Effective dates. — […]