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Frequently Asked Questions
New Mexico Alcohol and Gaming Division
2550 Cerrillos Rd. 2nd Floor PO Box 25101
Sante Fe, NM 87505
Phone: 505-476-4875
URL: https://rld.nm.gov/abc
NM Legal Age to Consume: 21
NM Legal Age to Serve: 19
NM Legal Age to Pour: 21 Classroom Only - Mandatory
The state requires approved alcohol server/seller training in some capacity.
Additional Info: New Mexico has a Dram Shop Law that allows lawsuits against establishments that serve alcohol to intoxicated patrons who cause harm. Here's a breakdown of the key points:
* **Seller Liability:** New Mexico's Dram Shop Law is found in Section 41-11-1 of the New Mexico Statutes Annotated. This law allows lawsuits against licensed vendors who sell or serve alcoholic beverages to people who are:
* **Visibly Intoxicated:** The law focuses on whether the vendor served alcohol to someone who became visibly intoxicated while at the establishment. This means someone exhibiting clear signs of intoxication such as slurred speech, stumbling, or incoherent behavior. If this person then causes harm due to their intoxication, the vendor could be held liable.
* **Known Minors:** Selling or serving alcohol to someone under 21 years old is illegal and the establishment can be held liable if the minor gets intoxicated and causes harm.
* **Social Host Liability:** New Mexico's Dram Shop Law also covers social host liability in certain situations:
* **Adults:** Social hosts can be held liable under the law for injuries or death caused by overserving alcohol to someone **of legal drinking age** if they did so with "reckless disregard" for the safety of others. This is a high standard to meet and can be difficult to prove in court.
* **Minors:** Social hosts who knowingly serve alcohol to minors can be liable if the minor gets intoxicated and causes harm.
**Limitations on Compensation:** It's important to note that New Mexico limits damages for personal injuries in Dram Shop and social host liability cases to $50,000 per person or up to $100,000 for two or more people hurt by the same incident.
Here's a table summarizing the key points:
| Scenario | Liability under New Mexico Dram Shop Law |
|---|---|
| Bar serves alcohol to a visibly intoxicated patron who causes a DUI accident | Potentially Yes |
| Restaurant continues serving drinks to a guest who is clearly intoxicated and gets into a fight | Potentially Yes (if visibly intoxicated) |
| Person provides alcohol at a party to a friend who is visibly intoxicated and later drives home and crashes | Potentially Yes (if the host acted with reckless disregard for the friend's safety and the friend is of legal drinking age) |
**Important to Note:**
* Dram Shop cases can be complex. The specific circumstances, evidence available (such as receipts or witness statements), and the level of intoxication will all play a role in determining liability.
* Consulting with an attorney specializing in personal injury or Dram Shop Law is recommended if you believe you have a case under New Mexico's Dram Shop Law. They can evaluate your situation and advise you on the legal options, considering the limitations on compensation.
Here are some resources for further information:
* New Mexico Statutes Annotated Section 41-11-1: [invalid URL dram shop law mexico ON NM Taxation and Revenue Department (.gov) nmtax.revenue.state.nm.us]
* New Mexico Dram Shop Laws & Dram Shop Cases: [invalid URL removed]NULL