Legislation to exempt designated drivers from legal liability when driving uninsured vehicles passed unanimously in the New Mexico House of Representatives.
The measure, which passed Feb. 14, was introduced by Rep. Jane Powdrell-Culbert and offers legal protection for anyone driving an uninsured vehicle with the purpose of safely transporting an intoxicated or drug-impaired person home.
"This bill will hopefully encourage sober drivers to take the keys away from intoxicated ones," Powdrell-Culbert said. "No one should allow a friend to drive home drunk because of insurance issues."
Under current law, if a designated driver is pulled over in an uninsured vehicle, the driver, not the owner, is legally responsible.
Powdrell-Culbert said the bill was inspired by the 2004 case of a New Mexico woman who, acting as a designated driver, drove her friend's uninsured pickup truck. She was fined $375.
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Powdrell-Culbert said she hopes the bill will prompt responsible behavior among young people by encouraging designated drivers to intervene without the fear of legal or financial repercussions.
"The way the law is now makes no sense," student Jake Gallegos said. "Why should people be punished for trying to do the right thing?"
Gallegos said he thinks the proposal is long overdue.
"I'm glad someone is finally going to do something about the problem with drunk driving in our state," he said. "I think there will be fewer DWI cases in New Mexico because of it."
Before becoming law, House bill 238 will need to be passed by the state Senate and signed by Gov. Bill Richardson.
Powdrell-Culbert said a matter of life and death shouldn't be a partisan issue, and he expects the proposal to become a law.
The bill does not exempt drivers from all legal responsibility when behind the wheel of another's vehicle.
"If you're pulled over for speeding and the car is uninsured, the driver still gets cited for speeding, just not for driving an uninsured vehicle," Powdrell-Culbert said.
She said she urges UNM students who want to make New Mexico safer to lobby the state Senate to pass the bill. Its outcome affects all young people, she said.
College students are especially at risk when it comes to the dangers of drinking and driving, she said.
"For some reason, a lot of students think they have to drink to have a good time," Powdrell-Culbert said. "So when you're going to party, have the type of relationship with your friends that allows you to say, 'I've had too much, take me home.'"
Gallegos said he's been in numerous situations that have left him between a rock and a hard place.
"Do I let my friend take his chances and drive home, or do I risk me getting a huge fine because I have no idea whether he's insured?" he said. "It's a choice that no one should have to make."
If passed, the uninsured motorist exemption would make him feel better about helping others, he said.
"By taking away the chance of punishment, I'm sure everyone will be more willing to step in when you know that a friend shouldn't be driving home alone," Gallegos said.
