NM Highway Safety Laws


 

State Highway Safety Laws of New Mexico

(Summary)

DUI/ DWI

BAC defined as illegal per se

0.08

Administrative license suspension 1st offense?

6 months

Restore driving privileges during suspension?

yes1

Do penalties include interlock?

yes

Do penalties include vehicle forfeiture for multiple offenses?

no

Open container laws

driver/passenger

 

RESTRICTIONS ON CELLPHONE USE AND TEXTING

 

Hand-held ban

no

Young drivers all cellphone ban

learner's permit and intermediate license holders

Bus drivers all cellphone ban

no

Texting ban

learner's permit and intermediate license holders

Enforcement

primary

 

MAXIMUM POSTED SPEED LIMITS

 

Rural interstates (mph)

75

Urban interstates (mph)

75

Other limited access roads (mph)

65

Other roads (mph)

55

 

YOUNG DRIVER LICENSING SYSTEMS
To get a learners license you must:

 

Have a minimum age of

152

 


Before getting a license or restricted license you must:

 

Have a mandatory holding period of

6 months

Have a minimum supervised driving time of

50 hours, 10 of which must be at night

Have a minimum age of

15, 6 months3

 


Restrictions during intermediate or restricted license stage:

 

Nighttime restrictionsmidnight-5 am

Passenger restrictions

(family members excepted unless otherwise noted)

no more than 1 passenger younger than 21

 


Minimum age at which restrictions may be lifted:

 

Nighttime restrictions

 

16, 6 months

 

Passenger restrictions16, 6 months

 

OLDER DRIVER LICENSING PROCEDURES

 

Length of regular renewal cycle4 or 8 years at the option of the driver

 

OLDER DRIVER SPECIAL LICENSING PROVISIONS

 

Accelerated renewal 
Other provisionsnone

 

CHILD RESTRAINTS

 

Must be in child restraintyounger than 1 year in a rear-facing infant seat; 1 through 4 years or less than 40 pounds in a child safety seat; 5 through 6 or less than 60 pounds in a booster seat

 

Adult safety belt permissible

 

7 through 17 years

 

Maximum fine 1st offense

 

$25

 

Seating preference

 

children younger than 1 year in a rear-facing infant seat must be in the rear seat if available

 

Children not covered

 

all children covered

 

SAFETY BELT USE

 

Initial effective date01/01/86

 

Standard enforcement?

 

yes; effective 01/01/86

 

Who is covered? In what seats?

18+ years in all seats

 

Maximum fine 1st offense

$254

 

Can non-use decrease monetary awards for injuries in lawsuits?

no

 

MOTORCYCLE HELMET USE

 

Motorcyclists covered17 and younger

 

BICYCLE HELMET USE

 

Covered by state law17 and younger

 

PICKUP TRUCKS: RESTRICTIONS ON RIDING IN CARGO AREAS

 

Restrictions on riding in cargo areasyes

 

Gaps in coverage

people 18 and older

 

LOW-SPEED VEHICLES

 

On which roads are low-speed vehicles permitted?roads with a posted speed limit of 35 mph or less

 

What is the top speed permissible for low-speed vehicles?

25 mph

 

1Drivers usually must demonstrate special hardship to justify restoring privileges during suspension, and then privileges often are restricted.

 

2In New Mexico, permit applicants younger than 18 must be enrolled in driver education.

 

3In New Mexico, license applicants younger than 18 must have completed driver education.

 

4This state assesses points for violations.

 

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