When Did Drinking And Driving Become Illegal? (2025)

What Was the First State to Pass Drunk Driving Laws?

More than a century ago, it was perfectly legal to drink and drive. In 1910, the state of New York passed the country’s first law banning driving while under the influence of alcohol.

At the time, there was no objective way to measure a person’s level of intoxication like there is now. That meant it was entirely up to law enforcement to decide whether a particular person was too drunk to be behind the wheel. California later passed a similar law.

When Did Drinking and Driving Become Illegal?

Although drinking and driving was first outlawed in 1910, new technology allowed policymakers to create more precise laws. Once police had a reliable way to assess a driver’s blood alcohol concentration, states began setting specific legal limits.

In 1936, Rolla Neil Harger, a department chair at the Indiana University School of Medicine, was awarded a patent for an early version of the breathalyzer. He specifically designed the device, called the Drunkometer, to test whether drivers were under the influence.

Two years after Harger was awarded the patent, states began setting a blood alcohol limit. The first widely accepted BAC limit was 0.15%, which is almost double today’s legal limit.

In 1980, Candy Lightner founded Mothers Against Drunk Driving (MADD) after a drunk driver caused a crash that killed her daughter. MADD helped raise public awareness of the dangers of drunk driving.

The organization also lobbied for legislation that would impose harsher penalties on drunk drivers and spurred states to adopt drunk driving laws. As recently as 1985, 26 states had no laws prohibiting drunk driving.

The group’s first major victory was the passage of the National Minimum Drinking Age Act. This was the legislation that raised the minimum legal drinking age to 21 in all states.

Passed in 1984, the law further required states to adopt 0.08% as the maximum legal BAC limit. This limit went into effect in 1988 when the law was fully implemented, meaning that drinking and driving did not become federally illegal until 1988.

How Dangerous Is Drinking and Driving?

Drinking and driving is incredibly dangerous — and often deadly. The National Highway Traffic Safety Administration (NHTSA) estimates that 37 people die each day from drunk driving accidents in the United States. Additionally, about one-third of all traffic deaths are caused by drunk-driving crashes.

Do All States Have the Same Legal Limit?

In most states, the legal alcohol limit is still 0.08%. However, Utah passed a law in 2018 that reduced its legal limit to 0.05%. A National Highway Traffic Safety Administration (NHTSA) study found that the law decreased fatal crashes by 19.8%.

How Do You Know if You’re Too Drunk to Drive?

It’s not uncommon for people to think they can safely drive after having consumed a few drinks. However, alcohol impairs your judgment. As such, it can be difficult or impossible to objectively assess your own intoxication level. Some rely on a blood alcohol level chart that offers an estimated BAC based on your size and number of drinks consumed.

However, so many factors shape individual alcohol metabolism. As a result, there’s a good chance that these charts may make you think it’s safe for you to drive even if you’re significantly impaired. For your own safety and that of others on the road, the best course of action is to simply not drive at all after drinking.

What Are the Penalties for Drinking and Driving?

Every state has its own penalties for drinking and driving. However, most convictions result in fines, jail time or both. These are some of the additional penalties and consequences you might face if you’re convicted of DUI:

• Community service (often to avoid jail time)
• Completion of a drug and alcohol education course
• Driver’s license suspension or revocation
• Required installation of an ignition interlock device on your car
• Probation
• More expensive car insurance

While even DUI first offense penalties can be serious, those penalties almost always escalate if you have a drunk driving history.

While drinking and driving is illegal at any age, the legal limit for drivers under 21 is lower. Most states have adopted zero-tolerance laws, meaning underage drivers with any amount of alcohol in their systems may be charged with DUI.

Have You Been Affected by Drunk Driving?

Whether you have suffered injuries in an accident caused by a drunk driver or have been arrested for a DUI, you need strong legal representation. At ConsumerShield, we’re here to help you find it.

Our passion is connecting people like you with experienced attorneys in your area. If you need legal advice and don’t know where to start, get in touch with us for a free case review today.