Despite moving testimony from Dan Koffman, the father of the only survivor of a June car accident in which a drunk diver killed four Santa Fe teenagers, the Senate Judiciary Committee on Monday tabled one of Sen. Peter Wirth’s DWI bills and voted for no recommendation on a second, also introduced by Wirth.

SB 3 would have imposed mandatory minimum sentences for DWI offenders and lowered from four to three the number of DWI convictions it would take before an offender would automatically be convicted of a felony.

The bill, which was killed by a 7-4 vote, spurned more than an hour’s worth of debate, much of which focused on the financial aspects of mandatory jailing, electronic supervision and community supervision. In short, you drink, you drive, you don’t lose as much as you could have.

“We have to put the policy with the financial implications that go with it. Most cases that end up in fatality when there’s a DUI or a suspected DUI, are all felonies,” said Sen. Michael Sanchez, who is an attorney.

“Every person accused of a felony is entitled to a jury trial; in misdemeanor court you can waive that–that would be an additional cost,” Sanchez added. He ended his questioning of the financials by saying, “I’m not trying to get this into finance, I hope we table the bill here.”

Also concerned with the cost was Judiciary Committee Chairman, Sen. Cisco McSorley, also an attorney. McSorley addressed Wirth directly, saying, “I want to tell you you’re doing something good before I kill your bill.” McSorley also added “This could be the most expensive bill introduced this session.”

Concerned with the implications of voting against SB 3, Sen. Clinton Harden clarified his no vote, stating, “A no vote sounds like we’re soft on DWI.” He concluded that the real issue was the bill was “an unfunded mandate to our counties” and said that in actuality, “a no vote is the Legislature saying, ‘I don’t want to put that financial burden on our counties.’”

One of the bill’s few vocal supporters, Sen. John Ryan, felt that the increased penalties were a deterrent for would-be offenders.

“Too many times we prevent increased penalties and don’t go after people for doing the wrong things because we might inadvertently pick up some people who don’t belong there,” Ryan said.  He also expressed concern for New Mexico’s image of being amongst the worst states for DWI offenses, offering as support that he would “like to see it get along just for the reasons of striving to get better.”

Sen. Wirth’s second DWI bill, SB 4 would close a loophole that allows DWI offenders whose blood alcohol level is at the legal limit in New Mexico–or those who refuse a test–to plead guilty to a lesser offense.

Although the bill received some firm support from Sen. Harden, who encouraged it’s passage because it means DWI offenders would have to be charged as DWI offenders, Sen. Michael Sanchez said it would amount to “throwing away discretion” of judges and police officers, which would be “is the wrong way to go.”

Sen. Bernadette Sanchez moved to table the bill but it was kept alive and passed on with a 6-4 no recommendation vote.

Two other DWI bills, sponsored by Sen. Kent Cravens were scheduled to be heard in Senate Judiciary today but instead will be heard on Wednesday due to Craven’s absence.