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Lesson 15 of 17 · Be in Shape to Drive

Alcohol, drugs and DWI

Alcohol affects judgment first, and only time sobers you up. New Mexico sets a .08 limit for adults, a .02 limit for drivers under 21, and a one year license loss for refusing a test.

Topic
Alcohol and DUI
Key points
9
Numbers
9
Manual
Handbook pp. 28 to 29
What you must know

Key points

  1. Alcohol is involved in about 40% of crashes in which someone is killed.

    Source: Handbook p. 28
    “Alcohol is involved in about 40% of the traffic crashes in which someone is killed.”
    New Mexico Driver Manual, Handbook p. 28
  2. Alcohol reaches your brain in 20 to 40 minutes and affects judgment and skill.

    Source: Handbook p. 29
    “It reaches your brain in 20 to 40 minutes.”
    New Mexico Driver Manual, Handbook p. 29
  3. One drink is 1 1/2 oz. of 80 proof liquor, 12 oz. of beer or a 5 oz. glass of wine.

    Source: Handbook p. 29
    “An alcohol drink is 1 1/2 oz. of 80-proof liquor (one shot glass) straight or with a mixer, 12 oz. of beer (a regular size can, bottle, or glass) or a 5 oz. glass of wine.”
    New Mexico Driver Manual, Handbook p. 29
  4. Your body gets rid of 1 drink per hour; coffee, fresh air or cold showers will not sober you up.

    Source: Handbook p. 29
    “Your body gets rid of one alcoholic drink per hour. There is no way to sober up quickly. Coffee, fresh air, exercise or cold showers will not help.”
    New Mexico Driver Manual, Handbook p. 29
  5. You must be 21 to buy, drink or possess alcohol.

    Source: Handbook p. 29
    “You are not allowed to buy alcohol, consume alcohol or be in possession of alcohol unless you are 21 years of age.”
    New Mexico Driver Manual, Handbook p. 29
  6. You can be arrested at a BAC of .08% or more, or .02% if you are under 21.

    Source: Handbook p. 29
    “You can be arrested for driving with a blood alcohol content (BAC) of .08% or more. In New Mexico, if you are under 21, you also can be arrested for BAC at .02%.”
    New Mexico Driver Manual, Handbook p. 29
  7. Refusing a BAC test when an officer asks can cost you your license for 1 year.

    Source: Handbook p. 29
    “If a police or traffic officer asks you to take a BAC test and refuse to do so, you can lose your driver license for one year.”
    New Mexico Driver Manual, Handbook p. 29
  8. A first DWI conviction brings fines, possible jail, treatment and an ignition interlock.

    Source: Handbook p. 29
    “If you are found guilty of DWI and it is your first conviction, you will pay stiff fines and court costs, and you could be sentenced to jail. You will also be ordered to treatment and to install an ignition interlock device on your vehicle.”
    New Mexico Driver Manual, Handbook p. 29
  9. Any DWI conviction stays on your driving record for 25 years.

    Source: Handbook p. 29
    “Any DWI conviction will remain on your driving record for twenty-five years.”
    New Mexico Driver Manual, Handbook p. 29
Exact figures

Numbers to know

NumberWhat it meansManual
40%share of fatal crashes that involve alcoholHandbook p. 28
20 to 40 minutestime for alcohol to reach the brainHandbook p. 29
1 1/2 oz. of 80 proof, 12 oz., 5 oz.one drink of liquor, beer and wineHandbook p. 29
1 drink per hourhow fast the body gets rid of alcoholHandbook p. 29
21minimum age to buy, drink or possess alcoholHandbook p. 29
.08%BAC at which any driver can be arrestedHandbook p. 29
.02%BAC at which a driver under 21 can be arrestedHandbook p. 29
1 yearlicense loss for refusing a BAC testHandbook p. 29
25 yearshow long a DWI conviction stays on your recordHandbook p. 29
Check yourself

3 questions from the New Mexico practice test

  1. 1. At what age may a person in New Mexico buy, consume, or possess alcohol under the manual's stated rule?

    1. 18 years
    2. 19 years
    3. 25 years
    4. 21 years
    Show answer

    21 years. The manual states that a person must be 21 years of age to buy alcohol, consume alcohol, or possess alcohol. The lower ages in the distractors do not create a partial exception for possession or consumption. This rule concerns the age threshold itself, while separate DWI rules address driving after drinking and testing. Keep the categories distinct: reaching an age does not make impaired driving safe or remove other driving penalties.

  2. 2. What license consequence can follow a New Mexico driver's refusal to take a BAC test requested by a police or traffic officer?

    1. A warning with no license consequence
    2. Loss of the driver license for one year
    3. A seven day license suspension only
    4. Permanent cancellation of every vehicle registration
    Show answer

    Loss of the driver license for one year. Refusing a requested BAC test can result in losing the driver license for one year. The consequence is tied to the refusal itself, so it is not limited to drivers who are later convicted of DWI. A warning or seven day suspension understates the stated period, while vehicle registration is a different credential. If an officer makes the request, remember that the manual describes a direct licensing consequence for refusing the test.

  3. 3. What is the lowest BAC threshold for New Mexico's under-21 alcohol driving rule?

    1. .02%
    2. .05%
    3. .08% only
    4. .12%
    Show answer

    .02%. The manual says a driver under 21 can be arrested in New Mexico for a BAC of .02%. The .08% figure is also mentioned, but it is the general threshold described for driving with alcohol in the blood, not the special under-21 figure. The other percentages are not the values in this passage. Separate the age condition from the number: the lower threshold applies because the driver is under 21, and it does not make drinking and driving safe.

Next step

Practice this topic

Lock it in with alcohol and dui questions from the free New Mexico practice test. Every answer comes with a plain English explanation.

Source: the New Mexico Driver Manual, Be in Shape to Drive. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.