N.M. Stat. § 66-8-138
Consumption or possession of alcoholic beverages in
open containers in a motor vehicle prohibited; exceptions.
A. No person shall knowingly drink any alcoholic beverage while in a motor vehicle
upon any public highway within this state.
B. No person shall knowingly have in the person's possession on the person's body,
while in a motor vehicle upon any public highway within this state, any bottle, can or
other receptacle containing any alcoholic beverage that has been opened or had its seal
broken or the contents of which have been partially removed.
C. It is unlawful for the registered owner of any motor vehicle to knowingly keep or
allow to be kept in a motor vehicle, when the vehicle is upon any public highway within
this state, any bottle, can or other receptacle containing any alcoholic beverage that has
been opened or had its seal broken or the contents of which have been partially
removed, unless the container is kept in:
(1)
the trunk of the vehicle or in some other area of the vehicle not normally
occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility
or glove compartment shall be deemed to be within the area occupied by the driver and
passengers;
(2)
the living quarters of a motor home or recreational vehicle;
(3)
a truck camper; or
(4)
the bed of a pick-up truck when the bed is not occupied by passengers.
D. This section does not apply to any passenger in a bus, taxicab or limousine for
hire licensed to transport passengers pursuant to the Motor Carrier Act [Chapter 65,
Article 2A NMSA 1978] or proper legal authority.