NM licenses alcohol servers with multiple DWIs

Posted at: 11/20/2008 9:32 PM | Updated at: 11/21/2008 7:22 AM
By: Eyewitness News 4

Bartenders and servers can have multiple DWIs and still serve up booze

Bartenders and waiters are trained to deny drunken customers another drink. But as Eyewitness News 4 investigative reporter Jeremy Jojola found, those same workers can have multiple DWIs.

The state is allowing bartenders and waiters to keep slinging drinks, despite a blighted driving record full of DWIs.

State law does not prevent people with DWI problems from getting a license to serve booze.

Our months-long investigation into thousands of cases at Metro Court found about 13 percent of those DWI defendants have valid, active state licenses to serve alcohol.

Stephen Pfeffer is one of them.

In 2005, he took the four-hour course required to recognize intoxication and got his server license after his third DWI conviction.

Court records show he was just arrested in August on his fifth DWI. It is unclear if Pfeffer is actually working as a server. But legally, he is expected to spot and deny potential drunk drivers.

Linda Atkinson of the DWI Resource Center said the state's licensing of repeat DWI offenders a blatant contradiction.

"What is the responsibility of that person with a DWI conviction? They've already proven they're not a law-abiding citizen," she said.

Kyle Hartsock of the Bernalillo County Sheriff's DWI unit said putting servers with DWI problems behind a bar is not a good idea.

"Their judgment isn't very sound," she said. "How are we allowing them to go out and serve other people to go out and potentially drink and drive?"

Derek Minero was arrested for aggravated DWI in August. Court paperwork shows Minero was ordered by the judge not to consume alcohol while his DWI case is active.

We spotted Minero, a licensed server, drinking beer while at work at Il Vicino. When we confronted him about it, he refused comment.

Minero is one of 200,000 New Mexicans licensed to serve alcohol.

Kelly O'Donnell is the head of the state's Regulation and Licensing—the agency that is giving server licenses to repeat drunk drivers. She said her agency doesn't have the power to look into the DWI history of a license applicant.

"It is not within the scope of the law or our authority," she said.

Eyewitness News 4 tried to get two groups which represent bars and restaurants in the state to talk about the issue on camera. Both declined to take a position on the matter.

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