New Mexico § 66-13-3 - Operating a motorboat while under the influence of intoxicating liquor or drugs

§ 66-13-3. Operating a motorboat while under the influence of intoxicating liquor or drugs

A. It is unlawful for a person who is under the influence of intoxicating liquor to

operate a motorboat. B. It is unlawful for a person who is under the influence of any drug to a degree

that renders him incapable of safely operating a motorboat to operate a motorboat. C. It is unlawful for a person who has an alcohol concentration of eight one hundredths

or more in his blood or breath to operate a motorboat. D. Aggravated boating while under the influence of intoxicating liquor or drugs consists

of a person who: (1) has an alcohol concentration of sixteen one hundredths or more in his blood or

breath while operating a motorboat; (2) has caused bodily injury to a human being as a result of the unlawful operation

of a motorboat while under the influence of intoxicating liquor or drugs; or (3) refused to submit to chemical testing, as provided for in the Boating While Intoxicated

Act, and in the judgment of the court, based upon evidence of intoxication presented

to the court, was under the influence of intoxicating liquor or drugs. E. Every person under first conviction pursuant to this section shall be punished,

notwithstanding the provisions of Section 31-18-13 NMSA 1978 , by imprisonment for not more than ninety days or by a fine of not more than five

hundred dollars ($500), or both; provided that if the sentence is suspended in whole

or in part or deferred, the period of probation may extend beyond ninety days but

shall not exceed one year. The offender shall be ordered by the court to attend a boating safety course approved

by the national association of state boating law administrators. An offender ordered by the court to attend a boating safety course shall provide

the court with proof that the offender successfully completed the course within seven

months of his conviction or prior to completion of his probation, whichever period

of time is less. In addition to those penalties, when an offender commits aggravated boating while

under the influence of intoxicating liquor or drugs, the offender shall be sentenced

to not less than forty-eight consecutive hours in jail and may be fined not more than

seven hundred fifty dollars ($750). On a first conviction under this section, any time spent in jail for the offense

prior to the conviction for that offense shall be credited to any term of imprisonment

fixed by the court. A deferred sentence pursuant to this subsection shall be considered a first conviction

for the purpose of determining subsequent convictions. F. A second or subsequent conviction pursuant to this section shall be punished, notwithstanding

the provisions of Section 31-18-13 NMSA 1978 , by imprisonment for not more than three hundred sixty-four days or by a fine of

not more than seven hundred fifty dollars ($750), or both; provided that if the sentence

is suspended in whole or in part, the period of probation shall not exceed one year. In addition to those penalties, when an offender commits aggravated boating while

under the influence of intoxicating liquor or drugs, the offender shall be sentenced

to not less than forty-eight consecutive hours in jail and may be fined not more than

one thousand dollars ($1,000).