Driving barefoot is legal in New Mexico, as no state law requires footwear while operating a vehicle.
Legal Framework
New Mexico statutes, including the Motor Vehicle Code (§ 66-7-301 et seq.), mandate safe vehicle control but impose no footwear requirements.
This aligns with all 50 states, confirmed by 1990s DMV surveys and upheld through 2026—no federal or local bans exist.
Officers cannot ticket solely for bare feet; citations require proof of impairment like slipping or distraction. Local ordinances in Albuquerque or Santa Fe add no restrictions.
Safety Concerns
Bare feet reduce pedal grip, especially when sweaty, slowing emergency responses. Unshod feet risk cuts from glass or debris in crashes, and loose shoes on floorboards create hazards.
Courts may deem barefoot driving negligent if it contributes to accidents, elevating to reckless driving charges (misdemeanor: up to 90 days jail, $300 fine). Insurance could deny claims citing poor control.
Exceptions and Myths
Commercial drivers face DOT rules favoring secure footwear, but personal vehicles have none. Motorcycles lack barefoot bans in NM, unlike Alabama. Myths stem from safety advisories by police and insurers, not laws.
| Scenario | Legality | Risk |
|---|---|---|
| Barefoot in car | Legal | Slipping, injury |
| Post-accident factor | Possible reckless charge | Fines/jail |
| Commercial vehicle | Advised against | DOT violation |
| Motorcycle | Legal | Control loss |
| With distractions | Illegal if unsafe | Citation likely |
Best Practices
Opt for closed-toe shoes for traction and protection—flip-flops pose similar slips. In NM’s heat, breathable sneakers beat bare soles. If stopped, focus on compliance; barefoot alone won’t trigger issues.
Legal doesn’t mean smart—prioritize control on I-40 or rural roads.
SOURCES :
- https://agadari.com/is-it-illegal-to-drive-barefoot-in-new-mexico-heres-what-the-law-says/
- https://1800lionlaw.com/is-it-illegal-to-drive-barefoot/
