When Did Drunk Driving Become Illegal?

Posted On November 29, 2024 Arizona Laws,Drunk Driving,Drunk Driving Charges by John Allen Phebus

Drunk driving has long been a serious public safety issue, contributing to countless accidents, injuries, and fatalities over the years. The process of determining when drunk driving became illegal has been gradual, shaped by evolving social attitudes, advancements in law enforcement, and tragic events that led to stronger legal measures. Today, DUI is illegal across the United States, but it wasn’t this way before. If you’ve been affected by a drunk driving incident in Glendale, AZ, or are facing these types of charges, the Law Offices of John Phebus may offer the legal support you need to navigate your situation.

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When Did Drunk Driving Become Illegal?

The first laws prohibiting driving while intoxicated were passed in New York in 1910, making it the first state to take legislative action against this dangerous behavior. Shortly after, other states followed suit, with California and others enacting similar laws within a few years.

Nonetheless, these early laws lacked the rigor and specificity that we see in today’s statutes. It wasn’t until the 1930s that technology allowed for better enforcement. The first breathalyzer, introduced in 1938, gave law enforcement a reliable way to measure a driver’s blood alcohol content (BAC), which in turn made DUI laws more enforceable.

When Was Drunk Driving Made Illegal?

As mentioned, New York was the first state to pass laws against driving under the influence in 1910, but the specifics of what constitutes “drunk driving” varied widely across the U.S. during the early to mid-20th century. Over time, as the dangers became more widely acknowledged, states began setting standardized BAC limits for legal driving. Today, the legal BAC limit is typically set at 0.08% for most drivers, although lower limits apply to commercial operators and underage individuals.

When Did Drunk Driving Become Illegal in AZ?

Arizona passed its first DUI law in 1950, but much like other states, these early laws were relatively lenient compared to today’s strict standards. Over the years, lawmakers have passed progressively stricter regulations in response to growing concerns about traffic fatalities and impaired driving.

The state now has some of the most rigid DUI laws in the nation. Drivers in Glendale and surrounding areas face significant penalties for DUI convictions, including mandatory jail time, fines, and driver’s license suspension—even for a first offense. Furthermore, Arizona enforces a zero-tolerance policy for underage drivers and commercial drivers, meaning that any detectable amount of alcohol can lead to charges.

When Did Drunk Driving Become Illegal in All 50 States?

Drunk driving became uniformly illegal across the U.S. by the 1970s, but the precise BAC limits and penalties still varied between states. It wasn’t until 2000 that a major national reform took place. That year, Congress passed legislation encouraging all states to adopt a BAC limit of 0.08% by tying federal highway funding to compliance. By 2004, all 50 states had adopted the limit, creating a consistent standard for drunk driving laws nationwide.

Is Drunk Driving a Felony?

In many instances, a first-time DUI offense is treated as a misdemeanor. Still, some circumstances can elevate it into a felony. Aggravating factors, such as having a significantly higher BAC (typically 0.15% or higher in Arizona), causing an accident that leads to injury or death, or having multiple DUI offenses within a set period, may result in felony charges. Under ARS Title 28, Chapter 4, specific accusations, such as aggravated DUI (for repeat offenders or DUIs involving a suspended license), are classified as felonies.

In the state, aggravated DUI can carry severe penalties, including extended prison sentences, larger fines, and longer periods of license suspension. 

What Are the Penalties for Drunk Driving in Glendale?

For drivers convicted in Glendale, penalties can vary depending on the severity of the allegation and whether it’s a first-time or repeat violation. Some penalties may include:

  • First Offense: A first conviction in Arizona typically results in a minimum of 10 days in jail (though part of the sentence may be suspended if certain conditions are met), fines starting at $1,250, mandatory alcohol education classes, and the installation of an ignition interlock device.
  • Second Offense: A second indictment within seven years can result in at least 90 days in jail, steeper fines, and a longer license suspension.
  • Aggravated DUI: For drivers with multiple accusations, a BAC of 0.15% or higher, or if the DUI occurs with a minor in the car, penalties can escalate to felony charges, longer prison time, and more harsh financial penalties.

Can I Sue a Drunk Driver Even When They Are Facing Criminal Charges?

Yes, you may pursue a civil lawsuit against a drunk driver even if they are already facing criminal charges. Criminal allegations for DUI focus on punishing the offender for breaking the law, whereas litigation allows victims to seek compensation for damages resulting from the accident. This might include medical expenses, lost wages, property damage, and pain and suffering.

In many circumstances, the outcome of a criminal case may influence the civil suit; however, the two are separate legal processes. It’s important to consult a Glendale DUI Attorney familiar with these cases to determine the best course of action if you’ve been injured in a drunk driving accident in Glendale.

When Should I Hire a Drunk Driving Injury Lawyer?

Hiring one as soon as possible after an accident may be beneficial. A Glendale DUI lawyer can help you manage your case’s criminal and civil aspects, gathering the necessary evidence and advocating for fair compensation. If you’re pursuing a civil case, it’s critical to have legal representation that understands Arizona’s complex DUI laws, ensuring that your rights are protected and that you’re in the best possible position to achieve a favorable outcome.

Consequences of Drunk Driving Causing Death

If a drunk driving accident leads to someone’s death, the legal consequences are significantly more severe. In the state, this could result in charges of vehicular manslaughter or negligent homicide, both of which carry lengthy prison sentences, heavy fines, and a permanent mark on the offender’s record. These accusations may also accompany a wrongful death lawsuit filed by the victim’s family in civil court, seeking compensation for their loss.

We Fight for Justice

Drunk driving is a serious offense that can devastate lives. If you or a loved one has been affected by a drunk driver in Glendale, AZ, it’s essential to act quickly to secure justice. The Law Offices of John Phebus are dedicated to helping victims of drunk driving accidents and defending those who are facing DUI charges. Contact our experienced legal team today to discuss your case and explore your options for moving forward.

Get In Touch With Us

If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.


John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney

John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.

Years of experience: +30 years


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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, John Allen Phebus who has more than 20 years of legal experience as a practicing personal injury attorney.