Legal Question in Traffic Law in New Mexico

A bar in a town I'm currently staying in has a sign that says; if you attempt to buy alcohol there and are underage, they will withhold your drivers license and possibly detain you until the police arrive.

Is it legal for them to refuse to return your license?

Are there limitations as to what offense a civilian can detain you for? I.E. trespassing, assault, underage drinking.

Also, does a drivers license belong to you or the state? What rights and responsibility does it entitle?

Thanks,

Charles


Asked on 6/20/10, 10:38 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

It is legal for them to retain your license. It is not legal for them to detain you unless you have committed a felony. Citizen's arrests may be made in NM only for felonies. Driving is a privilege, not a right. The right to drive, therefore, is controlled by the laws of the State of NM, and can be rescinded by MVD if you violate the rules.

Read more
Answered on 6/27/10, 5:18 pm


Related Questions & Answers

More Traffic Law questions and answers in New Mexico