Bicycle DUI Laws in New Mexico
Last reviewed by BikeSize EditorialThis 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).
Statute
What this means in practice
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.
Ride sharp, ride legal
Run a 60-second pre-ride safety check
DUI, impairment, and distraction laws all assume you are riding a bike that is actually safe to ride. The M-check takes a minute and catches the things that get you hurt.
See the M-check guide