Gas stations in New Mexico can now be held liable for allowing intoxicated drivers to purchase fuel, according to a Monday ruling by the state’s Supreme Court.
The ruling was in response to a federal appeals court request that the court resolve an issue involving a retailer that sold gas to an impaired driver in 2011. That driver killed another driver after refueling, crossing the center line and causing a crash.
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The intoxicated driver’s blood alcohol level was more than double the legal amount allowed in New Mexico and was arrested for three charges including vehicular homicide and driving under the influence.
The ruling now sets a precedent that puts fueling stations in the state under the same “duty of care” regulations as bartenders and other alcohol vendors. Tennessee is the only other state that deems such a liability for fueling stations.
There is currently no law on the books in New Mexico that prohibits the sale of gasoline to intoxicated drivers.
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