BAC limits — New Mexico Permit Test

BAC limits on the New Mexico permit test — 3 rules, each with the reason behind it and a question on it while it is fresh.

The rules

Any driver can be arrested for driving with a blood alcohol content (BAC) of .08% or more.

At .08 most people's judgment and control are badly off, so the law draws a line there for all drivers.

You can be arrested for driving with a blood alcohol content (BAC) of .08% or more.

New Mexico Driver Manual, p.29

In New Mexico a driver under 21 can be arrested for a BAC of .02%.

Drivers under 21 may not drink at all, so even a trace of alcohol at the wheel is a crime.

In New Mexico, if you are under 21, you also can be arrested for BAC at .02%.

New Mexico Driver Manual, p.29

BAC is the percentage of alcohol in your blood, usually found by a breath, blood or urine test.

BAC is the number police and courts use, so it counts for more than how drunk you feel.

BAC is the percentage of alcohol in your blood and is usually determined by a breath, blood or urine test.

New Mexico Driver Manual, p.29

On the test

At what BAC can any driver in New Mexico be arrested for drinking and driving?

.08% or more. At .08 most people's judgment and control are badly off, so the law draws a line there for all drivers. New Mexico Driver Manual, p.29: “You can be arrested for driving with a blood alcohol content (BAC) of .08% or more.”

How this works

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Where these come from

Every rule here is checked against New Mexico Driver Manual, published by the New Mexico Taxation and Revenue Department, and against the state code itself. Last checked 2026-10-04.