New Mexico § 66-8-138 - Consumption or possession of alcoholic beverages in open containers in a motor vehicle prohibited; exceptions
Full text of New Mexico New Mexico Statutes Annotated § 66-8-138 — Consumption or possession of alcoholic beverages in open containers in a motor vehicle prohibited; exceptions, with citation guidance and answers to common questions.
§ 66-8-138. Consumption or possession of alcoholic beverages in open containers in a motor vehicle prohibited; exceptions
A. No person shall knowingly drink any alcoholic beverage while in a motor vehicle
upon any public highway within this state. B. No person shall knowingly have in the person's possession on the person's body,
while in a motor vehicle upon any public highway within this state, any bottle, can
or other receptacle containing any alcoholic beverage that has been opened or had
its seal broken or the contents of which have been partially removed. C. It is unlawful for the registered owner of any motor vehicle to knowingly keep
or allow to be kept in a motor vehicle, when the vehicle is upon any public highway
within this state, any bottle, can or other receptacle containing any alcoholic beverage
that has been opened or had its seal broken or the contents of which have been partially
removed, unless the container is kept in: (1) the trunk of the vehicle or in some other area of the vehicle not normally occupied
by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by
the driver and passengers; (2) the living quarters of a motor home or recreational vehicle; (3) a truck camper; or (4) the bed of a pick-up truck when the bed is not occupied by passengers. D. This section does not apply to any passenger in a bus, taxicab or limousine for
hire licensed to transport passengers pursuant to the Motor Carrier Act or proper
legal authority.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 66-8-138
What does New Mexico Statutes Annotated § 66-8-138 cover?
Section 66-8-138 ("Consumption or possession of alcoholic beverages in open containers in a motor vehicle prohibited; exceptions") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 66-8-138?
A common citation format is "New Mexico Statutes Annotated § 66-8-138" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 66-8-138 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.