Underage Drinking
Section 60-7B-1 — a misdemeanor for a minor to buy, receive or possess alcohol, with a fine up to $1,000
A minor under the Liquor Control Act is anyone under twenty-one. It is a violation for a minor to buy, try to buy, receive, possess or be served alcoholic beverages.
Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.
| A minor's violation | What the section sets |
|---|---|
| A minor's violationFirst | What the section setsA fine up to $1,000 and thirty hours of community service |
| A minor's violationSecond | What the section setsA fine up to $1,000, forty hours of community service and a ninety day license suspension |
| A minor's violationThird or later | What the section setsA fine up to $1,000, sixty hours of community service and a suspension of two years or until age twenty-one, whichever is longer |
Selling, serving or giving alcohol to a minor, or buying it for one, knowing or with reason to know it violates the section, is a fourth degree felony, or a misdemeanor for a first violation by a certified server. A parent, guardian or adult spouse serving the minor on their own property that is not licensed premises, and religious practice, are excepted.
A minor who presents false evidence of age or identity to buy alcohol commits a petty misdemeanor.
Sources for this section (2)
- NMSA 1978, § 60-7B-1 — Selling or giving alcoholic beverages to minors; possession of alcoholic beverages by minors
- NMSA 1978, § 60-7B-7 — Presenting false evidence of age or identity
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.