Could Gas Stations be Held Responsible for DUIs? Another state's Supreme Court has ruled that a gas station can be held liable for damages caused by a DUI incident. New Mexico is following Tennessee's lead after its Supreme Court ruled that a gas station that sells fuel to an obviously intoxicated driver is failing to uphold a "duty of care" to the community, according to Yahoo! News. The case that this decision came from happened in 2011 when an intoxicated driver stopped at a gas station to refuel, and then got back on the highway and was involved in a crash. The intoxicated driver traveled into the oncoming lane and struck another vehicle, killing its occupant.