This guide is for general information only and is not legal advice. Laws change — verify current rules with your state DOT or a licensed attorney before relying on this for any legal matter. Read full disclaimer.
The rule
In New Mexico, the DUI statute does not apply to bicyclists — it covers motor-vehicle operators only. New Mexico's DWI statute (NMSA § 66-8-102) applies to anyone in actual physical control of a 'vehicle.' NMSA § 66-1-4.19 defines vehicle to exclude any device propelled exclusively by human power, which removes bicycles from the statute. Public-affray and disorderly-conduct charges may still apply to a clearly impaired rider. See NMSA § 66-8-102 (Persons under the influence).
A DUI charge isn't on the table for cyclists in New Mexico, but that's not a license to ride drunk — public-intoxication, reckless-conduct, and disorderly-conduct charges can still apply, and cycling impaired dramatically raises crash risk.