The question of when did DUI laws start is not a simple one, as the regulation of intoxicated driving evolved over more than a century, driven by technological advancements, public advocacy, and changing social norms. While the concept of punishing reckless behavior on public roads is ancient, the specific legal framework for “Driving Under the Influence” (DUI) or “Driving While Intoxicated” (DWI) is a product of the automobile age.
The history of DUI laws can be broken down into four distinct eras, each marked by a significant shift in how society and the legal system addressed the danger of drunk driving. Each affected the other until the modern DUI laws we have today were created. From reporting drunk behaviors to now enforcing the use of a car breathalyzer for DUI convictions, history has changed greatly for DUI laws.
Era 1: The Dawn of the Automobile and the First Laws (Pre-1930s)
The first laws targeting intoxicated drivers emerged almost immediately after the mass adoption of the automobile began in the early 20th century. Before this, the few laws that existed were general statutes against public intoxication or reckless endangerment, which were difficult to apply consistently to the new phenomenon of motorized transport.
The World’s First Arrest
The very first recorded arrest for drunk driving occurred in London, England, on September 10, 1897. A 25-year-old taxi driver named George Smith was arrested after he crashed his cab into a building. He was fined 20 shillings, marking a symbolic beginning to the legal fight against intoxicated driving [1].
The First U.S. State Law
In the United States, the first state to enact a law specifically against driving while intoxicated was New Jersey in 1906. This landmark legislation, however, lacked a standardized method for determining intoxication. Law enforcement officers had to rely on subjective observations of a driver’s behavior, such as slurred speech, stumbling, or the smell of alcohol, to make an arrest.
Other states soon followed suit. New York, for instance, passed its own drunk driving law in 1910. These early laws were often vague, relying on a jury to decide if a driver was “incapable of operating a motor vehicle with caution and safety” due to alcohol [2].
The Interruption of Prohibition
The period of Prohibition (1920–1933) in the United States, which banned the manufacture, sale, and transportation of alcoholic beverages, temporarily complicated the issue. While the consumption of alcohol was driven underground, drunk driving did not disappear. However, the focus on enforcing the ban on alcohol production often overshadowed the enforcement of driving laws.
The repeal of Prohibition in 1933 led to a dramatic and immediate rise in alcohol-related traffic fatalities. Cities like Chicago and Los Angeles saw their drunken driving deaths quadruple in the year following the repeal, creating an urgent demand for more effective, objective methods of enforcement [3].
Era 2: The Scientific Revolution and the BAC Standard (1930s–1970s)
The mid-20th century saw the introduction of science and technology into the courtroom, transforming DUI enforcement from a subjective judgment call into an objective, measurable offense.
The Invention of the Drunkometer
The first major breakthrough came in 1931 with the invention of the Drunkometer by Dr. Rolla N. Harger, a professor of biochemistry and toxicology at Indiana University. This device required a subject to blow into a balloon, and the breath sample was then mixed with a chemical solution. The color change in the solution indicated the level of alcohol in the breath, which could be correlated to the Blood Alcohol Content (BAC).
While bulky and somewhat subjective in its interpretation, the Drunkometer was the first practical, scientific tool used by police to test for intoxication, and it was successfully used in court cases to provide objective evidence.
The Gold Standard: The Breathalyzer
The Drunkometer was eventually superseded in 1954 by the Breathalyzer, invented by former Indiana State Police Captain Robert Frank Borkenstein. The Breathalyzer was a significant improvement: it was smaller, more portable, and provided a more accurate, immediate, and objective measurement of a driver’s BAC. It quickly became the gold standard for roadside and station-house testing, and modern ignition interlock devices are direct descendants of this technology.
Establishing the Legal Limit
With a reliable way to measure BAC, states began to establish a legal threshold for intoxication. By the 1930s, a BAC of 0.15% was widely adopted as the legal limit for being considered “under the influence.” This standard remained in place for decades, despite being a significantly higher limit than what is accepted today.
Era 3: Public Advocacy and Legislative Change (1980s–2000s)
The 1980s marked a pivotal shift in the history of DUI laws, moving the issue from a simple traffic violation to a major public health and safety crisis. This change was primarily driven by powerful grassroots organizations.
The Rise of MADD
The most influential of these groups was Mothers Against Drunk Driving (MADD), founded in 1980 by Candace Lightner after her 13-year-old daughter was killed by a repeat drunk driver. MADD’s advocacy fundamentally changed the public perception of drunk driving, reframing it as a violent crime rather than an accident.
MADD’s legislative victories were monumental:
- National Minimum Drinking Age Act (1984): MADD successfully lobbied for federal legislation that pressured all states to raise their minimum legal drinking age to 21 by threatening to withhold federal highway funds.
- Lowering the BAC Limit: MADD spearheaded the movement to lower the legal BAC limit. By the early 2000s, all 50 states had adopted a uniform legal limit of 0.08% BAC, a massive reduction from the original 0.15% standard.
The Zero Tolerance Policy
Another major legislative change was the implementation of Zero Tolerance laws for drivers under the age of 21. These laws, which began to be adopted in the 1990s, made it illegal for minors to drive with virtually any measurable amount of alcohol in their system (often a BAC of 0.02% or lower).
Era 4: Modern Enforcement and Technology (2000s–Present)
Today’s DUI laws are characterized by increasingly stringent penalties, a focus on repeat offenders, and the mandatory use of technology to prevent intoxicated driving.
Mandatory Ignition Interlock Devices (IIDs)
One of the most significant modern developments is the widespread adoption of Ignition Interlock Devices (IIDs). These devices, which require a driver to provide a breath sample below a pre-set alcohol limit before the vehicle will start, are now mandatory for most, if not all, convicted DUI offenders in many states. This technology directly addresses the problem of repeat offenses and is a key component of modern DUI law.
The Evolution of Impairment Laws
Modern laws have also expanded beyond alcohol to address DUI-D (Driving Under the Influence of Drugs). With the legalization of cannabis and the rise of prescription drug abuse, law enforcement and legislators are continually working to develop objective standards and testing methods for drug-impaired driving, mirroring the evolution of alcohol-related laws a century ago.
| Era | Time Period | Key Legal/Social Development | Key Technology | Legal BAC Limit |
|---|---|---|---|---|
| The Dawn | Pre-1930s | First state laws (New Jersey, 1906); subjective enforcement. | None (relied on observation) | None (subjective) |
| The Scientific Revolution | 1930s–1970s | Drunkometer (1931); Breathalyzer (1954); first legal BAC limit established. | Drunkometer, Breathalyzer | 0.15% |
| Public Advocacy | 1980s–2000s | MADD founded (1980); National Minimum Drinking Age Act (1984); Zero Tolerance laws. | Improved Breathalyzer accuracy | 0.08% (nationwide) |
| Modern Enforcement | 2000s–Present | Mandatory Ignition Interlock Devices; focus on repeat offenders and drug impairment. | Advanced IIDs, Drug Testing | 0.08% (or lower for minors) |
The history of DUI laws is a testament to the ongoing effort to balance personal freedom with public safety. From the subjective judgment of a police officer in 1906 to the precise, mandatory technology of today, the legal framework has continuously adapted to make our roads safer.
References
[1] History.com Editors. (2024). First drunk driving arrest. History.com. https://www.history.com/this-day-in-history/september-10/first-drunk-driving-arrest [2] Dhana, A. (2025). When Did Drunk Driving Become Illegal in the U.S.? Dhana Law Firm. https://dhananilawtx.com/when-did-drinking-and-driving-become-illegal-in-the-us/ [3] Low Cost Interlock. (2019). When Did DUI Laws Start? Low Cost Interlock Blog. https://www.lowcostinterlock.com/blog/when-did-dui-laws-start/