New Mexico Supreme Court rules gas stations can be liable for DUIs

[OnlinePoker]

The New Mexico Supreme Court ruled Monday that service stations in the state can be liable for selling fuel to intoxicated drivers, making it only the second state in the Union where such liability extends to station operators. Tennessee was the first.

The ruling came down after New Mexico's highest court agreed to hear a request from a federal appeals court to resolve a question of state law concerning the potential liability of a retailer that sold gasoline to an intoxicated driver in 2011. After refueling and returning to the highway, that driver crossed the center line and crashed into an oncoming vehicle, killing its occupant.

The intoxicated driver had a blood alcohol concentration of 0.176 – more than double the legal limit (0.08) in New Mexico – and was arrested for driving while under the influence, vehicular homicide, and driving left of center, according to the case synopsis supplied in the court's ruling, which noted that only one other state — Tennessee — applies the law in such a way to create a “duty of care” for businesses to refrain from supplying fuel to drunken drivers because of the risk of driving while intoxicated.

https://www.autoblog.com/2021/07/20/new-mexico-liability-gasoline-sales-dui/
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How is a gas station attendant, who has no training, supposed to determine if someone is intoxicated? This is especially true if someone is paying at the pump?

[lagomorph777]

1. As far as I know, only New Jersey requires that you even meet an attendant.

How could this possibly be enforceable?

[ret5hd]

3. I think Oregon also.

Where I’m from, the pumps still work (with credit card) even if the station is closed.

[Sneederbunk]

4. I live in Oregon. Sometimes the attendant is drunk.

[ret5hd]

5. I don't have much of a problem with that.

I haven’t really thought it all through, but offhand…

[Dial H For Hero]

27. The first (and only) time I drove through Oregon I recall getting out of the car, grabbing the pump,

and inserting it....as the clerk ran out yelling "Stop! You can't do that!"

I was very confused until he explained.

[House of Roberts]

2. You put your card in, pump your own gas, and drive away.

The pumps can even be available while the business is closed.

[ProfessorGAC]

7. Not Here In Illinois

Gas station has to be open to have pumps on.
If this place is closed, no gas.

[totodeinhere]

25. State laws vary. In my state they can be fully automated with no clerk on hand. n/t

[ProfessorGAC]

26. I've Heard That

It's not really a big problem here, though.
We live in the fringes of Chicagoland, so there's probably two dozen 24 hour stations within 20 miles, one right here in town.
But, the other 4 stations in town close at 11pm (I think). So, at midnight folks around here have one option.
It's how the law works, but it's hardly an issue.

[Warpy]

6. Not sure if this is a great idea, a lot of time they don't get a good look at the driver

who will often send a slightly steadier buddy in to pay for the gas. It would be a good idea for them to call the cops on a lot of these guys, drunks out west are both more numerous and a lot worse than anything I saw back east.

And yes, a lot of them pay at the pump.

This puts an undue burden on a lot of gas stations, especially kiosks with pay at the pump options.

[Vinca]

8. How can this be accomplished given the number of self-serve gas stations these days?

I have no idea what the clerks even look like at the gas station I frequent. I plug in the credit card, pump the gas and go.

[totodeinhere]

24. Sometimes they are fully automated with no clerk on the premises. n/t

[Bev54]

9. That is my question, in Canada most all our gas stations are pay at the pump.

Often the people working at the service counter are young people

[OAITW r.2.0]

10. Solution.

Have a breathalyzer integrated into the pump. If you blow .08+, anti-drive barriers pop up and the pump sends an automated message to the local police department. Problem solved!

[Tadpole Raisin]

13. I like that

But somehow it probably violates something. Interesting if they could make it work!

[marie999]

17. Only if the driver uses the breathalyzer instead of a sober passenger.

You are not going to find a worker at a gas station stopping someone else from blowing into the machine. It could be quite dangerous.

[XanaDUer2]

11. responsibility on an underpaid clerk

working alone many times.

[Tadpole Raisin]

12. Hmmm

Can’t see this being enforced and unless the law was written really well SCOTUS will strike it down. I’m no lawyer but this probably has more holes in it than Swiss cheese

[Bengus81]

14. Such bullshit. Minimum wage workers have to be the drunk driver cops too?

[ripcord]

15. They just need some deep pockets for lawsuits

The only person responsible for drunk driving is the driver.

[cinematicdiversions]

22. Thus. The lawyers need someone to squeeze

Whether they are responsible or not. Just higher prices fir all of us to pay for the lifestyles of rich trial lawyers.

[Bucky]

16. A breathalyzer on every self-help pump after midnight.

[roamer65]

20. With the Delta variant running amok, I don't see that happening.

[marie999]

18. Question. I don't know anything about breathanalyzers.

If you are going drinking is it possible to blow up a balloon and use that for the test?

[marie999]

19. So you just fill up your tank before you fill up.

[roamer65]

21. Dumb ruling.

A teenage gas station attendant isn’t mean to be the booze police.

[WarGamer]

29. +1000 nt

[totodeinhere]

23. I don't think that's fair. With most service stations being self serve how is the gas station

supposed to know if the driver is intoxicated? I wish we could blame the person who is really responsible and that is the driver.

[WarGamer]

28. I don't like it either.

You're putting the attendant in the position of BAC Judge and they get to tell the drunk he can't buy beer which can lead to violence.

Maybe just outlaw alcohol sales at gas stations?

[USALiberal]

30. Really stupid decision! Nt