Today, drinking and driving is a criminal offense in all 50 states, but it wasn’t always that way. If you’ve ever wondered when did drinking and driving become illegal, the answer depends on how far back you go—and which laws you’re talking about. Let’s look at the history of DUI laws in the United States, including how the legal limits and penalties have changed over time.
The First DUI Law: 1910
Drinking and driving became officially illegal in 1910, when New York passed the first law against operating a motor vehicle while intoxicated. California quickly followed that same year. However, early DUI laws were vague and didn’t specify how much alcohol in your system made you “under the influence.”
At the time, enforcement relied on officer observation—slurred speech, erratic driving, or the smell of alcohol. Breathalyzers and standardized testing did not yet exist.
The Rise of BAC Limits
In 1938, Dr. Rolla Harger invented the “Drunkometer,” the earliest predecessor to the modern Breathalyzer. That same year, the American Medical Association and National Safety Council recommended a blood alcohol content (BAC) limit of 0.15% to define legal intoxication.
States began enacting laws that set this threshold, but enforcement was still inconsistent. It wasn’t until the 1970s that significant federal pressure began shaping DUI enforcement nationwide.
Federal Action and the 0.08% Standard
By the 1980s, drinking and driving was a growing national concern, with traffic fatalities on the rise. Public awareness campaigns, including those by Mothers Against Drunk Driving (MADD) (founded in 1980), brought national attention to the problem.
In 1984, Congress passed the National Minimum Drinking Age Act, tying federal highway funds to a minimum drinking age of 21. Then, in 2000, President Bill Clinton signed legislation encouraging states to adopt a BAC limit of 0.08%, again linking compliance to federal transportation funding.
By 2004, all 50 states had made it illegal to drive with a BAC of 0.08% or higher.
DUI Laws in Maryland
In Maryland, the modern DUI framework follows the national standard. A DUI (Driving Under the Influence) charge applies when a driver has a BAC of 0.08% or higher. A DWI (Driving While Impaired) can be charged at lower levels of intoxication based on officer judgment and other evidence.
Today, DUI convictions in Maryland carry penalties such as:
- Jail time
- Fines
- Driver’s license suspension
- Mandatory alcohol education programs
- Ignition interlock installation
Zero Tolerance for Underage Drivers
Following national trends, Maryland also enforces a zero-tolerance policy for drivers under 21. If an underage driver has a BAC of 0.02% or more, they can face license suspension and criminal charges, even without signs of impairment.
DUI Enforcement Today
Modern DUI enforcement uses technology like portable breath tests, dashboard and body cameras, and field sobriety tests to build cases. In Maryland, police can arrest you even if your BAC is under 0.08%, especially if you’re showing signs of impairment or involved in an accident.
Agencies like the National Highway Traffic Safety Administration (NHTSA) and Maryland Department of Transportation (MDOT) continue to fund public education and DUI checkpoints throughout the year.
Conclusion
So when did drinking and driving become illegal? The answer starts in 1910, but the laws have evolved dramatically over the past century. What began as simple statutes based on officer observation has grown into a complex legal system with strict BAC thresholds and serious consequences.
If you’ve been charged with DUI or DWI in Southern Maryland, you need an experienced advocate who understands both the history and the current state of the law.
Charged with a DUI in Charles, Calvert, Prince George’s, or St. Mary’s County?
Schedule a free consultation with Southern Maryland Criminal Defense today.
