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You may have heard about the alcohol ban in the states that shook the core of the brewery business across the world. This was further glorified by the illegal businesses that would sell this magic toxifying potion to customers making a huge profit. Although pubs and bars lost most of their charm with the ban, many gangs and mafias who operated in racketeering business profited out of this ban. This was a hundred years ago with the ban in effect in January 1920. However, what many people don’t know is the answer to the question “when did drinking and driving become illegal?”.
When alcohol was first introduced, it quickly became the center of the party with people gulping down exotic wines, new varieties of gin, and other alcoholic beverages. Different drinks were aimed at a different class of people with the rich indulging in the best of wines while the poor chugged down distilled vodka and other strong liquor. However, one thing remained common among all classes of people and that was getting drunk or intoxicated. Soon the state and the federal government realized that this beverage is doing people more harm than good especially when driving after having a few drinks.
You may be wondering if alcohol was banned in 1920, when did drinking and driving become illegal in the States. Well, before we answer the question “when did drinking and driving become illegal?”, let’s go over the legal alcohol limit currently imposed in the country. You can skip until the end to the frequently asked questions if you don’t have the time to read the entire article.
What’s the legal alcohol limit?
Before we answer the impending question “when did drinking and driving become illegal?”, did you know the legal alcohol limit in the United States. Many people do not research these things and think having a shot or two shouldn’t be a problem with the authorities. However, that is not the case. The alcohol legal limit varies from one state to the other. This is why knowing the legal alcohol limit is more important than finding out when did drinking and driving become illegal in the States.
The alcohol content limit for drink driving in your body is tested through a device that detects blood alcohol content or BAC for short. The United States has laws set at the federal level and then at the state level. The federal limit for BAC is 0.08%, anything over that then you’re going to be in a bit of trouble with the authorities.
However, it is not that simple. Even though the federal BAC might be 0.08%, the state laws on the BAC vary. This is because states have gone through their fair share of road accidents caused by drunk driving and might be a bit strict or even a bit lenient if they haven’t witnessed many accidents caused by drunk driving.
Before we discuss state limits and when did drinking and driving become illegal, it is to be noted that each human has a different tolerance level to alcohol. Some might achieve the limit with a single drink while others would need a couple of them to reach those levels. You should know what your limit is and the state BAC restrictions before you pour yourself a glass and head out on the road.
The federal limit for BAC is 0;08% and it is the same across different states, however, what is different is the level of punishment that you need to face. The punishment levels vary according to the BAC levels. For example, Arizona and California both have a 0.08% BAC limit but when it comes to punishment, it is mandatory to spend jail time for first offenders in Arizona while in California there is no such requirement. This is because Arizona has a “Zero-tolerance” BAC of 0.00% while California has a 0.02%. So before we head to answering the question when did drinking and driving become illegal, let’s look at what “Zero-tolerance” BAC suggests.
There are two indicators that states monitor when delivering the right punishment for crossing the federal set BAC levels of 0.08%. The two indicators are “Zero-tolerance” BAC and “Enhanced penalty” BAC levels.
Zero-tolerance BAC is the level of intoxication that determines the legality of drunk driving under the age of 21. As mentioned above, Arizona has a 0.00% meaning the state is less tolerant to those drunk driving under the age of 21. A 0.00% Zero-tolerance BAC means that the state considers even a slight detection of BAC levels as illegal for under 21 drunk drivers. Some states with a zero-tolerance BAC level are Minnesota, Maine, Alaska, Columbia, and more.
The other indicator that is important in understanding is the enhanced penalty BAC. From the name of this, one can assume that stricter punishment will be delivered by the state when the individual crosses the enhanced BAC levels set by the state. Arizona has 0.15 while California has 0.16. This suggests and verifies our argument that Arizona has stricter laws when it comes to drinking and driving. People in Arizona face severe penalties if they cross the 0.15 level while Californians only face severe punishments when they cross 0.16. However, this does not mean that you drive until you reach just about these levels. Drunk driving is dangerous and if you cause any accidents then the law applicable to your crime in addition to drunk driving takes into action.
Massachusets and Tennesse have the highest enhanced penalty BAC level of 0.2 while there are plenty of states that have the lowest enhanced penalty BAC level of 0.15 such as Wisconsin, Iowa, Indiana, and more.
We will get to the question of when did drinking and driving become illegal, however, let’s go over some recent law changes against drunk driving. Although the federal limit is 0.08%, Utah has voted to drop that level to 0.05% for their state in the hopes to reduce driving accidents caused by excessive drinking. This recent law has made the state the most strict among all others and if successful, we might see other states follow.
Before we move on to answering your question of when did drinking and driving become illegal, let’s look at the implied consent law. This is important to understand as it deals with under-going the BAC test. Yes, when you are pulled over, states assume that you will comply with the law and take a BAC test. The implied consent law is applicable for all states, however, in some states, citizens can refuse to take the BAC test as part of their right. But do keep in mind that once you refuse to take the BAC test, it might not look good for your case.
Now let’s go over when did drinking and driving become illegal and then look at some laws and punishments associated with drunk driving across states.
When did drinking and driving become illegal in the USA?
Before we let you in on when did drinking and driving become illegal, it is to be noted that the United States saw a surge in accidents caused by drunk driving in States. This is why alcohol was prohibited in the country in 1920. More than 28% of the accidents caused on the road were due to drunk driving.
Back then there were very few cars on the road and even then the country saw quite a bit of accident associated with drunk driving giving an idea that alcohol is the demon causing accidents on the road. At the time, the country had not even started mass production of vehicles.
So, when did drinking and driving become illegal? Well, seeing this many government officials and state heads realized that when the country sees a mass production of cars, there might be a huge spike in the number of accidents in the country. So to answer the question of when did drinking and driving become illegal, it was before the mass production of cars that drunk driving was banned in the country. This happened in 1910 when the country saw the first state, New York to bring laws against drunk driving. This led to many other states following the same as they slowly understood the troubles that came with drinking.
Now that we have looked at when did drinking and driving become illegal, let’s look at some interesting facts regarding drunk driving?
Interesting historic events regarding drunk driving
Before we head on to the laws and punishments associated with drunk driving, let’s look at some of the interesting historic events in the fight against drinking and driving or the drunk driving laws history.
- Before the BAC test was invented, officers initially had to determine whether a person is drunk driving. This was highly inaccurate as those with higher tolerance were able to look unfazed when pulled over by officers. In 1936, the United States came up with a patented gadget that looked like a balloon. Citizens were asked to blow in the balloon and depending on their toxicity levels, the color inside the balloon would change due to the special chemical that was inside the balloon.
- After the BAC test was introduced, you would be surprised to know that the BAC levels were almost double what they are today, 0.15%.
- The device that detected BAC levels was first introduced by Robert Borkenstein, an ex-police captain in the United States.
- The minimum drinking age of 21 was first established in 1984 when the National minimum drinking age act was passed.
Drink driving and the law: What are the consequences of drunk driving?
Let’s look at drink driving and the law. As mentioned earlier, the punishment for drinking and driving depends on the state you’re in. Some states are very strict with first-time offenses while others do not even consider a first-time offense. Some simply hand in a ticket that needs to pay off.
For example, Washington requires the drunk driver to pay fines up to $5,000 if the BAC is lower than 0.15. There is also imprisonment that can go up to one year depending on the situation. This is all for first-time offenders. Second-time offenders face the same punishment but with the addition of electronic monitoring that can go up to 90 days. All of these punishment increases according to the level of BAC and the number of previous offenses.
Punishment varies from state to state and it is recommended that you check the state laws to get information about the punishments in your state. This is important to know because if you are pulled over and taken into custody, you should know your rights and the trouble that you might be in so that you can arrange a drunk driving lawyer accordingly. Arizona and Georgia have some of the strictest DUI punishments in the country.
Frequently asked questions regarding driving
Let’s look at some of the frequently asked questions regarding driving especially while drunk.
What’s the legal alcohol limit?
Those wondering “what is the alcohol limit for driving?” should know that the federal has set the legal alcohol limit to below 0.08% BAC levels. Those with 0.08% and above are violating the legal alcohol limit and are punished according to the state laws.
Is it illegal to drive without your license on you when drunk?
It is illegal to drive drunk anyway regardless of you holding a license. If you do not have a license and are caught drinking while driving, your penalties might be severe than those who have a license and are caught drunk driving. This is because of the multiple laws that are broken.
When did it become illegal to drink and drive?
In the 1910s, New York was the first state that made it illegal to drink and drive with other states soon following.
When did pot become illegal?
Pot became officially outlawed by 1970 whether it be recreational or for medical use.
Is it illegal to drink in public?
Currently, only seven states including Nevada and Georgia have allowed for drinking in the public using open containers. Other states require you to wrap the bottles or conceal them so that the general public does not see them.
