By Lark Lewis, J.D. | Legally reviewed by Meagan Neil, Esq. | Last reviewed December 12, 2023
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Driving under the influence of alcohol or other impairing drugs is a crime in all 50 states and the District of Columbia. Whether your state calls it "driving under the influence (DUI)," "driving while intoxicated (DWI)," or some other name, courts take the charge very seriously and punish accordingly. The National Highway Traffic Safety Administration (NHTSA) estimates that roughly 40 percent of all U.S. traffic deaths are alcohol-related to some extent.
This article covers a range of Driving under the influence of alcohol or other impairing drugs is a crime in all 50 states and the District of Columbia. Whether your state calls it "driving under the influence (DUI)," "driving while intoxicated (DWI)," or some other name, courts take the charge very seriously and punish accordingly. The National Highway Traffic Safety Administration (NHTSA) estimates that roughly 40 percent of all U.S. traffic deaths are alcohol-related to some extent.
This article covers a range of issues about impaired driving. Topics include what impairment means and how DUI laws first came into existence. The article also addresses when state DUI laws became uniform.
For DUI law purposes, you're "impaired" if your ability to safely operate a motor vehicle is appreciably affected by having consumed:
Everyone is affected differently by different substances. As a result, per se DUI laws set measurable legal limits. Substances affect everyone differently. As a result, per se DUI laws set measurable legal limits. For instance, the law assumes impairment if a motorist has a blood-alcohol concentration (BAC) of at least 0.08 percent. Some states consider any amount of certain drugs in the bloodstream as impairment.
New York became the first state to enact drunken driving laws in 1910. California and a handful of other states followed one year later. But, none of these states' statutes defined what it meant to be drunk or impaired. Instead, proof of intoxication was left to the arresting law enforcement officer's observations. Instead, the arresting law enforcement officer's observations decided proof of intoxication. These early laws weren't very enforceable.
States realized they needed a fair way to measure a driver's impairment. The solution came with the invention and enthusiastic adoption of the "Drunk-o-meter" in 1938. This breath test device measured the amount of alcohol in a person's breath. This device was a predecessor to the more familiar Breathalyzer test.
The following year, Indiana became the first state to establish a BAC limit (at .15 percent, nearly twice the current limit). As BAC-monitoring technology steadily improved, other jurisdictions began setting their blood alcohol content limits to enforce drunk driving laws.
States with impaired driving laws were strongly encouraged by the American Medical Association and federal agencies to set BAC levels at 0.15 percent or lower. But, states were free to establish their guidelines. States also had different drinking ages. These ages ranged from 18 to 21. Research showed that higher drinking ages correlated with lower drunken driving rates.
In 2000, Congress passed a law requiring each state to set its BAC limit at 0.08 percent and establish the drinking age at 21. Since the penalty for noncompliance was losing millions of dollars in federal highway funds, all states eventually fell in line. In 2013, the National Transportation Safety Board suggested lowering BAC limits to 0.05 percent. This suggestion wasn't adopted.
A DUI conviction can lead to steep fines, community service, loss of your driver's license and driving privileges, and even jail time. Since the stakes are relatively high, it pays to have a DUI attorney handle your DUI offense. A defense attorney can help you avoid a lengthy license suspension or license revocation and other DUI penalties by helping you with your criminal defense. Whether you're facing a first-offense misdemeanor or a repeat offender, an attorney can help you with your DUI case following your DUI arrest.
Contact a qualified DUI attorney to make sure your rights are protected.
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.
