Originally, automobiles were fairly unregulated. Few people owned cars and as such it was not a high priority to have them under the thumb of law enforcement.
As cars became more prevalent, it became obvious regulation was essential. In the 1930s, waves of regulation hit the automobile industry and laws were enacted to control the use of an automobile by individuals.
Indiana became the first state to pass drunk driving legislation. They instituted a maximum blood alcohol content (BAC) of .15% which doubles the BAC limit today
This was truly revolutionary as it was the first legislation that said individuals need to be beneath a certain level of drunkenness to operate their vehicle.
Drunk Driving In the News
Drunk driving was not the stuff of front page news, but two high profile incidents were exceptions. The first was the death of Margaret Mitchell, the writer of Gone with the Wind. She was killed crossing the street by a driver who admitted to having had been drinking.
Although, this was never proven to the standard we require today, colloquially it is considered the most infamous death attributed to drunk driving in the first half of the twentieth century.
Next, and perhaps even more infamously Teddy Kennedy drove off a bridge on Chappaquiddick Island. This resulted in the death of May Jo Kopechne who died in the submerged car. It is widely speculated that Ted Kennedy, an alcoholic at the time, was drunk while driving the car.
These infamous incidents shed light on the problem of drunk driving in America, but respectively each incident failed to gather enough steam to necessitate change.
Legislation that Changed How Drunk Driving Was Viewed
In 1968, The Department of Transportation published a study that found nearly half of the recorded auto fatalities in the United States were in part of entirely due to alcohol impaired motorists. However, by the 1970’s drunk driving incidents continued to be out of control and had reached a level of widespread cultural acceptance.
The 1980’s brought about remarkable changes. Cari Lightner, a young girl, was killed in California by a drunk driver. This driver had recently been arrested for causing the death of another due to drunk driving.
Formation of Mothers Against Drunk Driving
Lightner’s mother began the group that would become known as Mothers Against Drunk Driving (MADD). After a lifetime movie about the incident, public support for the organization grew tremendously. MADD changed the way people viewed drunk driving.
Early on, many thought drunk driving was just one of those things that happened. It was not encouraged, but it was not given the contemptuous treatment it receives today. MADD’s aggressive campaigning lead to nearly 700 new drunk driving laws nationwide and was instrumental in stigmatizing drunk driving.
MADD has also been partly attributed with raising the drinking age to 21 while before them it was 18. This was a major shift in American culture. Despite, how controversial the age-raising was it seemed to work as soon The United States Experienced a drop in drunk driving deaths. These sentiments have been proven over and over again by countless scientific studies conducted by the Center for Disease Control, National Academy of Sciences and even the Insurance Institute for Highway Safety.
Measuring Drunk Driving
So, clearly the situation is better today than it used it used be. This is in large part due to the trailblazing work of activities and receptive legislators, but perhaps no greater improvement to the drunk driving dilemma exists then the invention of the breathalyzer.
This tool has changed the game and become a instrumental for any police officer looking to keep the roads free of drunk driving. Back in the 1920’s, Dr. Emil Bogen conducted a landmark study showing that drunkenness could be measured by determining what is now known as blood alcohol content (BAC).
Dr. Bogen’s invention held sulphuric acid and potassium dichromate in a bladder-like mechanism. After an individual breathed into the apparatus, the shades of color that would result from the chemical reaction would indicate how much alcohol had been introduced into the bladder.
The invention was groundbreaking, but not practical as it lacked mobility and ease of use. This lead to an arms race of inventors who knew that there would be a tremendous market for a portable measure of drunkenness. These attempts were plagued by missteps and even steps backwards.
These devices were subject to wide-ranging criticism by many who believed them to be inaccurate. Even in the scientific community, false-positives became a flashpoint of controversy for makers and distributors of any such tests.
It was at this moment; the breathalyzer became popularized. Robert F. Borkstein, a police photographer, became enamored with such tests and sought to perfect them. It took Borkstein approximately seventeen years to invent, but it immediately revolutionized the field.
Breathalyzer in Use Today
It was at this moment; the breathalyzer became popularized. Robert F. Borkstein, a police photographer, became enamored with such tests and sought to perfect them. It took Borkstein approximately seventeen years to invent, but it immediately revolutionized the field.
It was lightweight and portable. As such, it could be used by a police officer patrolling their beat or watching the highways. Additionally, it was light years ahead of its competition in terms of usability. Untrained police officers could use the device easily as it was quite simple to operate.
The breathalyzer became used all over the country in many different police departments. However, this does not mean controversy around the device abated. There was great resistance to the device especially from lawyers who felt it was “push- button justice” and many other who felt that a police officer was a better judge than any machine at detecting drunkenness.
The above-mentioned Department of Transportation study came along and greatly reinforced the need for law enforcement to be equipped to handle and deter drunk driving. Over the next two decades, the breathalyzer test has become synonymous with protecting pedestrians and fellow drivers by ensuring drunk driving has no refuge in the United States.
Drunk driving laws are strictly enforced by police and can result in some hefty fines or even jail in severe cases. Such laws are responsible for saving many lives and thus are a welcome addition to American rule of law.
Today things have changed a lot
Drunk driving laws are strictly enforced by police and can result in some hefty fines or even jail in severe cases. Such laws are responsible for saving many lives and thus are a welcome addition to American rule of law.
It is important for you to know what the laws are in your jurisdiction. Nobody is perfect and if you are charged with drunk driving you should know what to do. At the Law Offices of Randolph Rice, we know the history of drunk driving legislation and the important place it holds in our society.
We want the laws to be tough, but fair. So if you find yourself having been charged with a drunk driving offense, when you hire us you get knowledge and experience.
