N.M. Stat. § 58-3-2
Refusal to accept signatures or endorsements.
A. A bank may refuse to pay any check, draft or order drawn upon it when the
officers of the bank or national bank have reason to believe that the person signing or
endorsing the instrument is or was so under the influence of alcohol or drug as to make
it reasonably doubtful whether such person is or the person was at the time of signing or
endorsing the check, draft or order capable of transacting business. No damages shall
be awarded in any action against the bank or trust company or its officers for refusing in
good faith to pay any such check, draft or order for such reason.
B. A bank, national bank or the principal officers of a bank or national bank are not
liable for damages for refusing in good faith to pay any check, draft or order pursuant to
Subsection A of this section.