Drunk driving is a serious offense no matter what state you’re in. Countless families have been torn apart by reckless, irresponsible drivers. And though the numbers have declined in recent years, it is still relatively common for drunk drivers to be on the road.

It doesn’t matter who you are; it is your responsibility to plan a safe way of getting home when you are drinking. But, sometimes, you may find yourself in a situation that you did not plan for, and with the effects of alcohol, it can be hard to make the right decision. With that said, as a driver in New Mexico, you should know what the legal drinking limit is to help keep you and others safe on the road.

Legal Limit in New Mexico

In New Mexico, if you’re 21 or over, it is illegal to drive with a breath or blood alcohol concentration of .08, or .02 if you’re under 21. This number is .04 if you are the driver of a commercial vehicle.

It is a common misconception that if you are under the legal limit, you are safe to drive; however, if there is evidence that any amount of alcohol impaired your ability to drive, you may be charged with a DWI. This is why it is best to avoid driving after drinking altogether. Arguing that you were below the legal limit will not matter in court.

Blood Alcohol Concentration Basics

It might seem simple to calculate your own BAC before you get behind the wheel, and there are numerous resources available to help you estimate, but they are just that; estimations.  These estimators often rely on your weight and the number of “standard drinks” you’ve consumed, but even determining whether you’ve had a standard drink can be challenging.

It is typically impossible to accurately determine your BAC without the proper equipment, which is why it is best to be safe. 

Enlist the Help of a Qualified Attorney Today

If you or a loved one has been injured by a drunk driver in New Mexico, a personal injury may be able to assist you in recovering money and getting the justice your family deserves. The days following a drunk driving crash can be confusing and physically painful. In addition, your family may be facing heavy medical bills for your injuries. 


The Law Office of Brian K Branch has years of experience in drunk driving accidents, and we are passionate about helping families in need. We are committed to upholding the law and keeping drunk drivers off of the road. Reach out today to book a consultation at our office in Albuquerque today.


The Law Office of Brian K Branch


715 Marquette Ave. NW

Albuquerque, New Mexico 87102

Tel: 505.764.9710

Toll Free: 888.972.1212

Fax: 505.764.9722

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