A Brief History of DWI Law

The first law against drunk driving was passed in Newrelaxed attitude towards driving while intoxicated. They
York in 1910. Before long, every state in the US hadsuccessfully pressured most states into lowering their
banned driving a car while intoxicated, which ismaximum BAC to .10. Now, due to the influence of the
presumably more dangerous that riding a horse in thefederal government, all states have a maximum BAC
same state. These early laws did not specify aof .08.
maximum BAC (blood alcohol concentration) orOther important changes to the law followed. MADD's
describe tests to be administered to the personinvolvement was one of the factors contributing to
accused of drunk driving. They merely stated that onecongress's decision to raise the drinking age back to
should not drive drunk and left it to police officers and21. Of course, MADD was not the only group paying
judges to enforce this how they saw fit.attention to this issue. From the 1970's until now, people
The first maximum BAC for driver was set in 1938:have become more concerned and less tolerant of
that year, it became illegal to drive with a BAC over .15,DWI offenses. Sobriety checkpoints have become
or 15%. This number was based on studies conductedacceptable, when at one point they were widely
by the American Medical Association and the Nationalconsidered unfair or even unconstitutional. For drivers
Safety council, who both agreed that researchunder the age of 21, the BAC has been lowered to .01,
showed a person with a BAC under .15 could still drivebecause legally they should not be drinking at all (even
reasonably well.though in some states, such as Texas, minors are
This remained the law throughout most of the US untilallowed to drink in the presence of a legal guardian.)
the 1970's. At that time activist groups such asOne current controversy in DWI law is the question of
Mothers Against Drunk Driving (MADD) beganthe role law enforcement is meant to play in
campaigning for stricter DWI laws and more vigilantaddressing this problem. If a person is convicted of
enforcement. Prior to this time, DWI was notdriving while under the influence of drugs or alcohol,
considered an overly serious offense, and policeshould they be punished or rehabilitated? Is the
officers would not always enforce it very strictly.punishment approach failing to effectively address the
MADD (and its student group, SADD) felt that tooproblem, or is the rehabilitation approach merely letting
many preventable deaths were resulting from thispeople off too easy?