NM SB217: Liquor Tax Hike & Potential DUI Impact Examined

New Mexico's SB217: Understanding the Proposed Liquor Tax Changes and Potential DUI Implications

New Mexico Senate Bill 217 (SB217), titled "Liquor Tax Changes," is currently under consideration in the New Mexico legislature. Sponsored by Senators Antoinette Sedillo Lopez, Shannon Pinto, Joanne Ferrary, Cristina Parajon, and Angel Charley, the bill proposes significant alterations to the state's liquor tax structure.

While the primary focus is on revenue generation through increased taxes on alcoholic beverages, the potential impact on alcohol consumption and, consequently, Driving Under the Influence (DUI) incidents warrants careful examination.

This article by DUI.Guide provides a comprehensive overview of SB217, analyzing its provisions, potential effects on drivers, and its relationship to current New Mexico DUI laws.

What Does SB217 Propose?

In plain language, SB217 aims to increase the taxes levied on various alcoholic beverages sold within New Mexico. The specific details of the proposed tax increases are still subject to debate and amendment within the legislative process. However, the general intent is to increase the tax burden on distributors and retailers of alcohol, with the expectation that these costs will be passed on to consumers in the form of higher prices.

This increased cost is intended to discourage consumption.

The bill is currently pending and has been referred to the Senate Conservation Committee (SCC), the Senate Tax, Business and Transportation Committee (STBTC), and the Senate Finance Committee (SFC).

These committees will review the bill, hear testimony, and potentially make amendments before it can be considered by the full Senate.

The rationale behind the bill, as presented by its sponsors, likely centers on several factors, including the need for increased state revenue to fund various programs and services. Additionally, proponents may argue that higher alcohol taxes can contribute to public health by discouraging excessive alcohol consumption and reducing alcohol-related problems, such as drunk driving and alcohol-related health issues.

These potential benefits may have been factors in the bill’s origination.

Analyzing the Potential Impact on Drivers

The direct impact of SB217 on drivers is, of course, indirect. The bill does not directly address DUI laws or penalties. However, the potential impact on drivers stems from the possibility that increased alcohol prices could lead to changes in drinking behavior.

• Potential for Reduced Alcohol Consumption: The most straightforward potential impact is a reduction in overall alcohol consumption. If alcohol becomes more expensive, some individuals may choose to drink less frequently or in smaller quantities. This, in turn, could lead to a decrease in the number of individuals driving under the influence.
• Shift to Lower-Cost Alternatives: Conversely, higher prices for commercially sold alcohol could lead some individuals to seek out cheaper alternatives, such as illegally produced or smuggled alcohol. The composition of these beverages are often unknown, and may contain dangerous substances.

Such alcohol may have a greater effect than the user is anticipating, and they may find themselves intoxicated without realizing it. Similarly, individuals might choose to purchase alcohol across state lines, where prices may be lower.

• Impact on Specific Demographics: The impact of increased alcohol taxes may disproportionately affect certain demographics. For example, individuals with lower incomes may be more sensitive to price increases and may be forced to reduce their alcohol consumption or seek out cheaper alternatives. Additionally, the bill could indirectly influence tourist-heavy areas, as higher prices might lead tourists to make alcohol purchases elsewhere, thus influencing the economy of these areas.
• Increased Awareness and Education: It is possible that the debate surrounding SB217 could raise public awareness about the dangers of drunk driving.

Increased media coverage and public discussions about alcohol taxes could serve as a reminder of the risks associated with impaired driving and encourage individuals to make responsible choices.

Comparison to Current New Mexico DUI Laws

SB217 does not directly amend or repeal any existing New Mexico DUI laws. The bill focuses solely on liquor tax changes. However, it's important to understand the current DUI laws in New Mexico to appreciate the potential context in which SB217 could operate.

New Mexico has strict DUI laws, with significant penalties for those convicted of driving under the influence of alcohol or drugs. Here's a brief overview:

• Legal Limit: The legal blood alcohol concentration (BAC) limit in New Mexico is 0.08% for drivers aged 21 and over. For drivers under 21, there is a zero-tolerance policy.
• First Offense: A first DUI offense in New Mexico can result in jail time, fines, mandatory alcohol screening and treatment, installation of an ignition interlock device, and revocation of driving privileges.
• Subsequent Offenses: Penalties for subsequent DUI offenses are significantly harsher, including longer jail sentences, higher fines, extended license revocation periods, and mandatory participation in intensive substance abuse treatment programs.
• Aggravated DUI: An aggravated DUI charge can be filed if the driver's BAC is 0.16% or higher, if the driver caused an accident resulting in injury or death, or if the driver refused to submit to a chemical test.

Penalties for aggravated DUI are even more severe than those for a standard DUI.

• Implied Consent: New Mexico has an implied consent law, which means that by driving on New Mexico roads, you have implicitly agreed to submit to a chemical test if requested by a law enforcement officer who has reasonable suspicion to believe you are driving under the influence.

• Purpose: To increase state revenue through higher liquor taxes. - To deter and punish drunk driving.

• Direct Impact: Indirectly affects alcohol consumption through price increases. - Directly addresses drunk driving behavior and imposes penalties for violations.

• Penalties: None (tax-related) - Jail time, fines, license revocation, ignition interlock devices, mandatory alcohol screening and treatment.

• Target Audience: Alcohol distributors, retailers, and consumers. - Drivers.

• Enforcement: Tax collection agencies. - Law enforcement officers, courts.

Context and Rationale for the Legislation

The introduction of SB217 likely stems from a combination of factors.

State governments often seek to increase revenue to fund essential services, such as education, healthcare, and infrastructure.

Alcohol taxes are often viewed as a relatively politically palatable way to generate revenue, as they target a product that is often associated with negative externalities, such as drunk driving and alcohol-related health problems.

Furthermore, proponents of higher alcohol taxes often argue that they can contribute to public health by discouraging excessive alcohol consumption.

Studies have shown that increased alcohol prices can lead to a reduction in alcohol-related mortality and morbidity. By increasing the cost of alcohol, SB217 could potentially contribute to a healthier and safer New Mexico.

It's also worth noting that New Mexico faces significant challenges related to alcohol abuse and drunk driving. The state has historically had high rates of alcohol-related fatalities, and addressing these issues is a priority for many policymakers. SB217 could be seen as one piece of a broader strategy to combat alcohol abuse and reduce drunk driving incidents.

Practical Information for Affected Drivers

Regardless of whether SB217 is enacted, and regardless of its potential impact on alcohol consumption, it is crucial for drivers to make responsible choices and avoid driving under the influence of alcohol or drugs.

Here are some practical tips:

• Plan Ahead: If you plan to drink alcohol, designate a sober driver or arrange for alternative transportation, such as a taxi, ride-sharing service, or public transportation.
• Pace Yourself: If you are drinking alcohol, do so in moderation and pace yourself.

Avoid drinking too much too quickly.

• Eat Food: Eating food while drinking alcohol can help slow down the absorption of alcohol into your bloodstream.
• Know Your Limits: Be aware of your own tolerance for alcohol and avoid exceeding it.
• Don't Rely on Home Remedies: There is no quick fix for sobering up. Coffee, cold showers, and other common remedies do not effectively reduce your BAC.
• Be Aware of Medications: Some medications can interact with alcohol and increase its effects.

Consult with your doctor or pharmacist if you are taking any medications and plan to drink alcohol.

• Speak Up: If you see someone who is about to drive under the influence, try to dissuade them from doing so or offer them a ride.
• Understand the Law: Familiarize yourself with New Mexico's DUI laws and the penalties for violating them.

Conclusion

New Mexico's SB217, while primarily focused on liquor tax changes, has the potential to indirectly impact drivers by influencing alcohol consumption patterns.

While the ultimate effects of the bill remain to be seen, it's crucial for drivers to remain informed, make responsible choices, and avoid driving under the influence of alcohol or drugs. DUI.Guide will continue to monitor the progress of SB217 and provide updates as they become available.