NM Bill SB252: Liquor Tax Hike & DUI Implications

New Mexico Senate Bill 252: A Closer Look at Liquor Tax Changes and Their Potential DUI Impact New Mexico Senate Bill 252 (SB252), sponsored by Senator Antoinette Sedillo Lopez, aims to revise the state's liquor excise tax structure.

While the bill's primary focus is on revenue generation through increased taxes on alcoholic beverages, its indirect effects on alcohol consumption and, consequently, DUI incidents are worth considering.

This article dissects the proposed changes, analyzes their potential implications for drivers, and compares them to current New Mexico DUI laws.

Understanding the Proposed Changes in SB252 At its core, SB252 seeks to increase the excise taxes levied on various categories of alcoholic beverages sold in New Mexico.

The specific details of the proposed tax increases are still subject to debate and amendment as the bill progresses through the legislative process. However, the general intent is clear: to generate more revenue for the state through higher taxes on alcohol. The bill's current status is “Pending,” and it has been sent to the Senate Corporations and Transportation Committee (SCC), the Senate Tax, Business and Transportation Committee (STBTC) and the Senate Finance Committee (SFC), indicating a potentially complex path to becoming law.

These committees will review the bill and may propose amendments before it proceeds to a full Senate vote.

Without the explicit tax rates published as part of the bill data, it is impossible to provide definitive amounts. However, increases are anticipated on the dollar amount applied to each gallon (or similar unit) of beer, wine, and distilled spirits sold within New Mexico.

This tax is generally applied at the wholesale level and passed along to retailers and, ultimately, consumers.

Potential Impact on New Mexico Drivers The most direct impact of SB252 on New Mexico drivers is tied to how the increased cost of alcohol might influence consumption habits. Economically, an increase in liquor taxes can lead to several behavioral changes:

• Reduced Consumption: Higher prices could deter some individuals from purchasing alcohol, leading to an overall decrease in consumption. This would, in turn, potentially reduce the number of impaired drivers on the road.
• Shift to Cheaper Alternatives: Consumers might switch to lower-priced alcoholic beverages or even substitute legal alcohol with illegally produced alternatives, which could pose health risks and may not be subject to the same quality controls. The effect on DUI risk is mixed; if cheaper beverages are still consumed to intoxication, there may be no reduction in impaired driving.
• Home Consumption Increase: Individuals might opt to drink at home more frequently rather than at bars or restaurants, potentially reducing the risk of DUI if responsible planning for transportation is made. However, the risk increases if people drive after drinking at home.
• Border Shopping: Residents near the New Mexico border with neighboring states like Texas or Arizona could cross state lines to purchase alcohol where prices are lower, impacting New Mexico tax revenues but perhaps not significantly affecting DUI rates within New Mexico.

It is important to note that the relationship between alcohol taxes and DUI rates is complex and influenced by many factors, including enforcement efforts, public awareness campaigns, and individual drinking behaviors. A simple tax increase alone will not eliminate DUI, but it may contribute to a broader strategy to reduce alcohol-related incidents.

Comparison to Current New Mexico DUI Laws New Mexico has stringent DUI laws in place. A driver is considered impaired if their blood alcohol concentration (BAC) is 0.08% or higher. Penalties for DUI convictions in New Mexico can include:

• First Offense: Jail time (up to 90 days), fines (up to $500), mandatory alcohol screening and treatment, ignition interlock device installation, and driver's license revocation.
• Second Offense: Longer jail sentences (up to 364 days), higher fines (up to $1,000), extended driver's license revocation, and increased ignition interlock device requirements.
• Third and Subsequent Offenses: Felony charges, significant prison time, substantial fines, and permanent driver's license revocation. SB252 does not directly alter these DUI laws. However, if the increased liquor taxes lead to a reduction in alcohol consumption and impaired driving, it could indirectly contribute to a decrease in DUI arrests and convictions.

The following table illustrates a comparison between SB252 and current DUI laws:

Context and Rationale for SB252 The introduction of SB252 is likely driven by a combination of factors, including:

• Revenue Generation: States often seek to increase tax revenue to fund essential services like education, healthcare, and infrastructure.

Alcohol taxes are a common target because they are often viewed as a relatively painless way to raise revenue.

• Public Health Concerns: Some proponents of higher alcohol taxes argue that they can help reduce alcohol-related health problems and social costs, such as traffic accidents, violence, and addiction.
• Budgetary Needs: New Mexico, like many states, may be facing budget deficits or seeking to increase funding for specific programs.

Increased liquor tax revenue could help address these budgetary needs.

Practical Information for Affected Drivers While SB252 does not directly change DUI laws, drivers in New Mexico should be aware of its potential impact and take steps to avoid impaired driving.

Here are some practical tips:

• Plan Ahead: If you plan to drink alcohol, designate a sober driver, use a ride-sharing service, or take public transportation.
• Monitor Consumption: Be aware of how much alcohol you are consuming and pace yourself.
• Avoid Driving After Drinking: Even if you feel okay to drive, it is best to err on the side of caution and avoid driving after consuming alcohol.
• Understand the Law: Familiarize yourself with New Mexico's DUI laws and penalties.
• Support Safe Driving Initiatives: Advocate for policies and programs that promote safe driving and prevent impaired driving.
• Stay Informed: Follow the progress of SB252 and understand its potential impact on alcohol prices and availability.
• Consider Alternatives: Explore non-alcoholic beverage options when socializing or attending events where alcohol is served. *If you are arrested for DUI in New Mexico, it is essential to seek legal representation from an experienced DUI attorney immediately. A qualified attorney can help you understand your rights, navigate the legal process, and build a strong defense.
• SB252 represents a potential shift in New Mexico's approach to alcohol regulation.

While its primary focus is on taxation, its potential impact on drivers and DUI rates should not be overlooked.

By understanding the proposed changes and taking steps to avoid impaired driving, New Mexico drivers can help ensure their safety and the safety of others on the road.