Doctor note bypasses open container law

ALBUQUERQUE (KRQE) - There are two exemptions in New Mexico's open container law that allow some in the state to drive with an open bottle of alcohol in their car - those exceptions could cost the state a bundle in federal road money.

Its not unusual for law enforcement to pull out bottles of booze and open containers of liquor from cars at DWI checkpoints.  And in those cases the driver is cited.

However, according to the current open container law people can have open alcoholic beverages in a car if it's "upon the recommendation of a doctor for medicinal purposes."

The law also allows clergymen to carry open alcohol if it's for religious purposes.

The state Department of Transportation said those exemptions go against federal regulations which means New Mexico could lose federal highway funding.

"It would be about $7 million," DOT Director of Planning and Safety Michael Sandoval said.

Sandoval said DOT officials asked Democratic Senator John Sapien to back Senate Bill 345 that crosses out those exemptions.

Clergy would be allowed to carry their communal wine in a car trunk.  The same would not be allowed for people prescribed remedies containing alcohol.

"I think its just something that somebody thought would be a good exemption way back when," Sandoval said.

The last time it was really popular was decades ago when doctors prescribed remedies like Laudanum, an alcoholic herbal mix also known as an opiate which was used for a wide range of ailments.

Sapien doesn't think this exemption is needed anymore especially if it could cost the state.

"Losing any amount of federal funding just is not prudent at this point," Sapien said.     

DOT officials said if the bill is not passed it could still get that money but it could only be used for the anti DWI campaign and not for road construction.  Transportation officials said the state needs more money for roads right now.

The bill is still stuck in a senate committee.