Skip to content
Board Certified in Personal Injury Trial Law - Texas Board of Legal Specialization
 214-200-4878
The Law Firm Of Aaron A. Herbert, P.C. Logo
24/7 Free Consultation

No Fees or Expenses Unless You Recover
214-200-4878
  • About
    • Attorneys
      • Aaron A Herbert
      • Marissa Maggio
      • Jordan Terashima
    • Testimonials
    • Results
  • Areas We Serve
    • Dallas County
      • Carrollton
      • Cedar Hill
      • Dallas
        • Apartment Injuries
        • Bicycle Accidents
        • Birth Injuries
        • Brain Injuries
        • Dog Bites
      • Garland
        • Boat Accidents
        • Car Accidents
        • DUI Accidents
        • Dog Bites
        • Slip & Fall Accidents
      • Highland Park
      • Irving
        • Bicycle Accidents
        • Car Accidents
        • Construction Site Accidents
        • Truck Accidents
        • Uber & Lyft Rideshare Accidents
      • Mesquite
        • Burn Injuries
        • Car Accidents
        • Dog Bites
        • Pedestrian Accidents
        • Truck Accidents
      • Richardson
        • Brain Injuries
        • Car Accidents
        • Daycare Abuse & Injuries
        • Drunk Driving Accidents
        • Spinal Cord Injuries
    • Tarrant County
      • Fort Worth
        • Personal Injury
        • Car Accident
        • Semi Truck Accident
        • Slip and Fall
        • Construction Accidents
        • Motorcycle Accident
        • View All +
      • Arlington
      • Colleyville
      • Mansfield
      • North Richland Hills
      • Richland Hills
      • Southlake
    • Collin County
      • Allen
        • Bicycle Accidents
        • Car Accidents
        • Child Injuries
        • Fatal Accidents
      • Frisco
        • Car Accidents
        • Dog Bites
        • Motorcycle Accidents
        • Truck Accidents
        • Uninsured & Underinsured Driver Accidents
      • McKinney
        • Car Accidents
        • Distracted Driving Accidents
        • DUI Accidents
        • Fatal Accidents
      • Murphy
      • Plano
        • Brain Injuries
        • Car Accidents
        • Crash Accident Reports
        • Motorcycle Accidents
        • Negligent Security
        • Texting & Driving Accidents
        • Truck Accidents
        • Wrongful Death
      • Wylie
      • Prosper
    • Comal County
      • New Braunfels
    • Denton County
      • Denton
        • Bicycle Accidents
        • Brain Injuries
        • Distracted Driving Accidents
        • Uber & Lyft Rideshare Accidents
      • Flower Mound
      • Hickory Creek
      • Providence Village
      • Roanoke
    • Parker County
      • Parker
      • Reno
    • Grand Prairie
      • Bicycle Accidents
      • Car Accidents
      • Slip & Fall Accidents
      • Truck Accidents
    • Houston
      • Personal Injury
      • Houston Car Accident Lawyer
    • San Antonio
      • Personal Injury
      • Slip and Fall
      • Truck Accidents
      • Wrongful Death
      • Workplace Injuries
      • Premises Liability
      • Traumatic Brain Injury
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Bicycle Accidents
    • Pedestrian Accidents
    • Slip and Fall
    • Brain Injury
    • Dog Bites
    • Wrongful Death
    • View All +
  • Blog
  • Contact
Home / Personal Injury Blog

Brief History of DUI Law in the US

Driving while intoxicated is one of the deadliest mistakes a driver can make. Driving under the influence (DUI) of drugs and/or alcohol is a serious act of recklessness that is against the law in all 50 states. In 2017, 1,024…

February 4, 2025
Aaron A. Herbert

Written by Aaron A. HerbertTexas Bar #24036761 · Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.
The Law Firm of Aaron A. Herbert, P.C. · Dallas, Texas

average payout for 18-wheeler accident in texas

Home  >  Personal Injury Blog  >  Brief History of DUI Law in the US

Tuesday, February 4, 2025 | By The Law Firm Of Aaron A. Herbert, P.C.
Brief History of DUI Law in the US

Driving while intoxicated is one of the deadliest mistakes a driver can make. Driving under the influence (DUI) of drugs and/or alcohol is a serious act of recklessness that is against the law in all 50 states. In 2017, 1,024 people died in motor vehicle accidents involving drunk driving in Texas. DUI laws have evolved over the years, starting in New York in 1910. Arrests for driving drunk, however, began before the first laws specifically prohibited DUI.

1897: First Arrest for Driving Drunk

On November 24th, 1897, a man named George Smith became the first-ever driver police arrested for driving drunk. Smith was a 25-year-old taxi driver living in London who smashed his taxicab into a building while under the influence of alcohol. Smith pled guilty to the charge and had to pay 25 shillings as his punishment. Thus, the first-ever DUI arrest set the stage for thousands like it over the next 100 years.

1910: First Official DUI Laws

New York was the very first state to enact official laws banning drunk driving in 1910. This was the year state lawmakers passed legislation that made it illegal to operate a vehicle while intoxicated. Law enforcement did not have tests to prove drunk driving until years later. Instead, they used their best judgment to determine a driver’s drunkenness. California became the second state to pass DUI laws, leading to several other states enacting similar legislation. Early state laws lacked specific language defining drunk driving, however.

1936: First Breath Test

It was not until 1936 that a scientist named Dr. Rolla Harger created a device to effectively test for inebriation. His invention – aptly named the Drunkometer – came after several years of growing national concern regarding drunk driving. In the early 1930s, the American Medical Association and the National Safety Council funded research into the most common causes of car accidents. Their research helped promote safer vehicle operation. It also shaped what would become the first more specific DUI laws.
 
The Drunkometer opened the doors to DUI testing and more accuracy for arrests. Dr. Harger’s device had a type of balloon attached to it that drivers would breathe into, similar to today’s Breathalyzer tests. The Drunkometer used the breath to accurately measure how much alcohol content was in the driver’s blood. The advent of the Drunkometer, on top of safety panels by national organizations, led to the official suggestion of 0.15 as the blood alcohol concentration (BAC) level that proved a driver was drunk – almost twice what the legal amount is today.

1953: First Breathalyzer Test

In 1953, the Breathalyzer came into existence thanks to a professor and police captain named Robert Borkenstein. Borkenstein had worked with Dr. Rolla Harger on creating the early breath test device, the Drunkometer, and created the Breathalyzer to streamline and improve the process. He created the easier-to-use Breathalyzer test that became the first scientific measure available to police officers.

1970s-1980s: Stricter DUI Laws

In the 1970s and ‘80s, many state lawmakers changed their laws to reflect increasing knowledge on the dangers of drunk driving. Special groups formed to fight for stricter DUI laws, often after fatal accidents took the lives of loved ones. One such group was Mothers Against Drunk Driving (MADD), founded by mother Candy Lightner in California after the DUI-related death of her 13-year-old daughter. Groups like MADD were – and still are – instrumental in influencing lawmakers to pass stricter DUI laws.

1990 to Present: Continuing the Fight Against Drunk Driving

The legal limit for DUI is now 0.08 in all 50 states. Most states have also passed Zero Tolerance laws on drunk drivers under the legal drinking age of 21, plus stricter 0.04 BAC limits for commercial drivers. The laws regarding how lawmakers enforce and punish DUIs vary from state to state. Unfortunately, drunk driving is still a considerable issue that takes thousands of lives every year. The fight against drunk drivers is constant.

Tell Us About Your Case

Aaron Herbert

Our Practice Areas

Personal injury representation.
Explore how we can help.

  • Car Accidents
  • Wrongful Death
  • Motorcycle Accidents
  • Truck Accidents
  • Work Injury
  • Bicycle Accidents
  • Slip & Falls
  • Traumatic Brain Injury
Here when you need answers.

Learn about your options after an injury.

Locations
  • Dallas
  • Fort Worth
Testimonials
I am satisfied
I am satisfied. My experience was good, the staff was good and I appreciate you all working on my case.

F.M.


I understood the entire process and best course of action
Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of...
Read More
Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of action.

L.F.


I will refer Aaron’s law firm to all the people I know
VERY satisfied with what Aaron’s law firm has done for me and my family. I will refer Aaron’s law firm to all the people I know personally and professionally.

A.A.


I just want to give a big thanks to this law firm
I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They...
Read More
I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They got me an amount greater than I expected. I just want to give a big thanks to this law firm , once again guys thank you so much!

M.C.


We are very pleased with our payout
Our experience was very good. The staff was very helpful and informative with any questions and walked us through the entire process. We are very pleased with our payout.

D.B.


Happy with my settlement
Happy with my settlement!

A.P.


He has a lifetime referral from me
Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2...
Read More
Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2 cases for me back to back and everything went smoothly as planned. He will fight for you and put in countless hours. He has a lifetime referral from me.

C.N.


The law firm staff and attorneys were very nice
The law firm staff and attorneys were very nice, helpful, understanding and very concerned about my case and any questions I had. I will tell family and friends that this law firm gets results!

R.H.


Great experience with this firm, very prompt service
Great experience with this firm, very prompt service.

K.M.


I highly recommend this law firm
Second time having Attorney Herbert represent me in an auto accident. I am very satisfied with his service and the firm staff was extremely professional. I highly recommend this law firm.

C.S.


   
                               
The Law Firm Of Aaron A. Herbert, P.C. Logo
214-200-4878FREE CONSULTATION

Dallas Office

8330 Lyndon B Johnson Fwy #700,
Dallas, Texas 75243
(214) 200-4878

Fort Worth Office

4200 South Fwy #412,
Fort Worth, Texas 76115
(817) 500-4878

Complete the form below for a
Free Consultation

"*" indicates required fields

By providing your mobile number, you agree to receive text messages from The Law Firm of Aaron A. Herbert, PC. related to your legal inquiry, case updates, appointments, and other client communications. Message and data rates may apply. Message frequency varies. Reply STOP to unsubscribe or HELP for assistance. Consent to receive texts is not a condition of hiring the firm or receiving legal services. View our SMS Terms & Conditions and Privacy Policy for more information.

This field is for validation purposes and should be left unchanged.

Aaron Herbert legal resources

Knowledge Hubs

Explore our guides to Texas injury claims and the questions that matter to your case.

  • Store injuries

    Texas Walmart Injury Knowledge Hub

    Explore evidence, liability, damages and litigation for Walmart injury claims in Texas.Explore the hub →
  • Choosing counsel

    TBLS Certified Personal Injury Knowledge Hub

    Understand Board Certification in Personal Injury Trial Law and the questions to ask when choosing counsel.Explore the hub →
  • Truck accident evidence

    Texas Truck Accident Litigation

    Find guidance on truck inspections, electronic records, responsible companies and Texas trial rules.Explore the hub →
  • Damages and settlement

    Texas Injury Claim Value and Litigation

    Learn how evidence, responsibility, medical losses and insurance affect an injury claim.Explore the hub →

Practice Areas|About Us|Client Testimonials|Blog|Contact
© The Law Firm Of Aaron A. Herbert, P.C. All rights reserved. Privacy Policy|Sitemap