The Evolution Of Drunk Driving Laws

Driving under the influence (DUI) is the criminal offence of operating a motor vehicle while impaired by alcohol or drugs. In the US, DUI laws have been in place since the early 20th century, with New York passing the first legislation in 1910, followed by California. However, these early laws lacked clear definitions of what constituted drunk driving, and it was left to law enforcement officers to determine whether a driver was too intoxicated to drive. Over time, DUI laws have evolved, with the legal blood alcohol concentration (BAC) limit being lowered and the penalties for DUI offences becoming stricter. Today, DUI laws vary across US states, with different BAC thresholds and penalties, but all states have now criminalised driving under the influence.

The first drunk driving laws

Drunk driving laws have evolved significantly over the years, with early legislation lacking clear definitions of intoxication and relying on basic chemical tests. Today, drunk driving laws are much more comprehensive and are enforced through advanced technologies like breathalyzers and ignition interlock devices. Here is a detailed overview of the evolution of drunk driving laws:

• 1897 – The first-ever recorded drunk driving arrest took place in London on September 10, 1897, when 25-year-old taxi driver George Smith crashed his cab into a building. Smith was fined 25 shillings, which is equivalent to £179 in 2023.
• 1906 – New Jersey enacted the first law that specifically criminalized driving while intoxicated, with a fine of up to $500 or up to 60 days in county jail. This law lacked a specific definition of intoxication.
• 1910 – New York became the first state to implement laws against drunk driving, but there was no set definition of what level of intoxication qualified as drunk driving, making it challenging to prove impairment.
• 1936 – Dr. Rolla Harger, an Indiana University professor, invented and patented the Drunkometer, a balloon-like device used to determine an individual's level of intoxication.
• 1938 – The American Medical Association and the National Safety Council took initiatives to address the issue by forming committees focused on motor vehicle accidents and tests for intoxication. The first widely accepted legal blood alcohol concentration (BAC) limit was set at 0.15%.

Advancements and Increased Awareness:

• 1953 – Robert Borkenstein, a former Indiana state police captain and university professor, invented the Breathalyzer. This device was more accurate and user-friendly than the Drunkometer, providing law enforcement with a practical tool to establish intoxication levels.
• 1970s-1980s – Public awareness about the dangers of drunk driving intensified, and activists like Candy Lightner, who founded Mothers Against Drunk Driving (MADD), played a pivotal role in pushing for stricter legislation.
• 1980 – MADD was established after Lightner's 13-year-old daughter, Cari, was killed by a drunk driver. The organization was instrumental in changing attitudes and advocating for tougher penalties and increased legal drinking ages.
• 1984 – The National Minimum Drinking Age Act raised the legal drinking age to 21 across the United States.
• 1998 – The legal limit for blood alcohol concentration was lowered to 0.08%, further tightening the restrictions on drunk driving.
• 2000 – Congress adopted the 0.08% BAC as the national illegal limit for impaired driving, standardizing the limit across all states.

The evolution of DUI laws

The first law that specifically criminalized driving while intoxicated was enacted in New Jersey in 1906. The statute stated that " [n]o intoxicated person shall drive a motor vehicle." Violation of this law was punishable by a fine of up to $500, or a term of up to 60 days in county jail. Early laws like this one required proof of a state of intoxication, but there was no specific definition of what level of inebriation qualified.

In 1910, New York became the first state to pass a drunk driving law, with California soon following. These early laws made it illegal to drive while under the influence of alcohol, but it was left to law enforcement to determine whether someone was too intoxicated to drive. Once New York and California had taken the initiative, all the states between them quickly followed suit.

In the 1930s, road safety became a national concern, and two major organizations—the American Medical Association and the National Safety Council—undertook studies to improve safety on the roads. In 1938, the legal limit for blood alcohol concentration (BAC) was set at .15.

In the 1970s, as car ownership became more common, DUI laws began to change. Levels of intoxication were added to the laws, and the legislation became stricter. The drinking age was also raised from 18 to 21 across the United States. During this time, the legal limit for BAC was lowered from .15 to .10.

In the 1980s, the organization Mothers Against Drunk Driving (MADD) was formed and began advocating for stricter drunk driving laws. In 1984, they successfully pushed for the passage of the National Minimum Drinking Age Act, which required all states to raise the legal drinking age to 21. In 1988, drunk driving became illegal in all 50 states when the Act was fully implemented. The legal BAC limit was lowered to .08.

In the 1990s, the BAC limit was lowered once again, this time to .04% for commercial drivers. Most states also created stricter laws regarding DUI and drunk driving offenses, including the adoption of "Zero Tolerance" laws, which meant that minors with any level of alcohol in their blood were automatically charged with a DUI.

In 2013, the National Transportation Safety Board recommended that all 50 states lower the benchmark for determining when a driver is legally drunk from .08 BAC to .05. In 2016, the Supreme Court of the United States held that breath tests and blood tests constitute a search under the Fourth Amendment, concluding that breath tests are constitutional without a warrant, but that more intrusive blood tests are not.

In 2018, Utah passed a law lowering the BAC level from .08 to .05. Since then, drunk driving accidents and deaths in the state have decreased by about 20%.

DUI laws in the 1930s

In the 1930s, road safety became a growing concern in the United States. Two major national organisations—the American Medical Association and the National Safety Council—undertook studies to promote safer travel on the country's roads.

The American Medical Association put together a task force to study the factors that were most likely to result in auto accidents or injuries from automobiles. Meanwhile, the National Safety Council began to research and develop criteria to test for intoxication and measure the level of intoxication of a person.

The outcome of these panels was that a national standard was set regarding inebriation levels and drunk driving. In 1938, the legal limit for blood alcohol concentration (BAC) was set at .15. Drivers with a BAC of .15 or more could be considered drunk, while those with a lower BAC were not. However, there were no strict DUI laws in place at the time, and most drunk drivers were only prosecuted if their BAC was .15% or greater.

During the 1930s, drunk driving was also considered a "folk crime" and almost a rite of passage for young men. Although the laws had harsh penalties, they were rarely applied.

DUI laws in the 1970s

The 1970s saw a rise in car ownership, which led to an increase in the number of drivers on the roads. This, in turn, brought about changes to DUI laws. The laws were gradually altered to include various levels of intoxication and were generally made stricter. The legal drinking age was also raised from 18 to 21 across the country.

The 1970s also witnessed the formation of organisations dedicated to combating drunk driving, such as Mothers Against Drunk Driving (MADD) and Students Against Destructive Decisions (SADD). These groups played a crucial role in advocating for stricter DUI laws and raising awareness about the dangers of drinking and driving.

In addition to the legislative changes, law enforcement agencies began to focus more intently on enforcing DUI laws. This shift in focus was critical in ensuring that the new laws were effectively implemented and deterring individuals from driving under the influence.

The changes to DUI laws in the 1970s represented a significant step towards improving road safety and reducing the number of drunk driving-related incidents. These amendments to the law, coupled with increased enforcement efforts, helped to make a positive impact on road safety across the United States.

Modern DUI laws

Zero Tolerance Laws

Many states have enacted "Zero Tolerance" laws, which impose severe penalties on minors found to have any detectable amount of alcohol in their system while driving. These laws represent a significant departure from previous legislation, sending a strong message that underage drinking and driving will not be tolerated.

Blood Alcohol Concentration (BAC) Limits

The legal BAC limit for driving has been lowered over time, reflecting a growing consensus that even small amounts of alcohol can significantly impair driving ability. The current federal BAC limit in the US is 0.08%, although some states have set lower limits. For drivers under 21, the legal limit is even lower, ranging from 0.00 to 0.02. These reduced limits recognize the heightened vulnerability of young drivers and aim to deter them from drinking and driving.

Enhanced Penalties

Field Sobriety Tests (FSTs)

Law enforcement officers employ various FSTs to assess a driver's coordination, balance, and cognitive function. While the accuracy of these tests has been questioned, they remain a critical tool for establishing probable cause for a DUI arrest. Examples of common FSTs include the Horizontal Gaze Nystagmus Test, Walk-and-Turn Test, and One-Leg-Stand Test.

Ignition Interlock Devices (IIDs)

Many states now require the installation of IIDs in the vehicles of convicted DUI offenders. These devices prevent a car from starting if the driver's breath sample exceeds a preset alcohol level. While primarily intended as a punishment, IIDs also serve as a deterrent, addressing the tendency of repeat offenses among those with alcohol use disorders.

Drug-Impaired Driving

Public Awareness and Advocacy

Organizations like Mothers Against Drunk Driving (MADD) have played a pivotal role in shaping modern DUI laws. Through advocacy and public awareness campaigns, MADD and similar groups have successfully lobbied for stricter legislation, increased law enforcement, and enhanced penalties for DUI offenses. Their efforts have contributed to a significant shift in societal attitudes towards drunk driving.

Frequently asked questions