DUI: The First Arrest for Drunk Driving and the Birth of Early DUI Laws
- M.R Mishra
- Sep 10, 2024
- 4 min read
On September 10, 1897, George Smith, a 25-year-old taxi driver,
became the first individual to be arrested for DUI (driving under the influence.)
Police Constable Russell apprehended Smith after he crashed his electric taxi into a building at 165 New Bond Street, London.
Smith admitted his guilt in court and was fined between 20 and 25 shillings at the Marlborough Street Police Court.
There is no record of him operating an unregistered taxi cab, as it wasn’t until December 6, 1897, that London became the first city in the world to introduce licensed cabs.
Years later, on September 10, 1910, New York became the first U.S. state to introduce drunk driving legislation, although these initial laws did not specify a blood alcohol content limit.
While Smith admitted his guilt, it wasn’t until 1931 that police had a reliable, scientific way of testing a person to see if they were in fact drunk at the scene. Its inventor, Rolla Harger, named the DUI testing machine the Drunkometer.
The device saw its first use 21 years after New York implemented the first US laws against drunk driving
Do You Know,
Bersey electric cab, 1897, designed by Walter Bersey (General Manager of the London Electrical Cab Company). Exhibited at a South Kensington motor show in 1896, 12 electric cabs, the Berseys first appeared on the road on 19 August 1897. When the taxis were first unveiled, they undertook the London-Brighton race.
The Drunkometer and Breathalyzer are both devices used to measure a person's blood alcohol content (BAC) to determine if they are intoxicated.
Drunkometer:
The Drunkometer was one of the first devices invented for measuring BAC. It was developed in 1938 by Dr. Rolla Harger. The device required the person to blow into a balloon, and a chemical solution would change color based on the alcohol in the breath. The amount of alcohol in the breath was an indicator of BAC.
Breathalyzer:
The Breathalyzer, invented in 1954 by Robert Borkenstein, is a more advanced version of the Drunkometer. It directly measures the alcohol content in a person’s breath by using a chemical reaction or infrared spectroscopy. Modern versions are electronic, providing fast and accurate readings of BAC.
Both devices have played a significant role in law enforcement efforts to detect and deter drunk driving.
In India:
Legal Drinking Age
In India, the legal age for drinking varies from 18 years to 25 years from state to state, while some states have completely banned alcohol. For instance, state like Goa, Himachal Pradesh, Karnataka and others have a legal drinking age of 18 years. States like Delhi, Haryana and others have a legal drinking age of 25 years. In assam , the legal drinking age is 21 years.
Section 185 of the Motor Vehicles Act, 1988
Driving by a drunken person or by a person under the influence of drugs. Whoever, while driving, or attempting to drive, a motor vehicle:
(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or
(b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. Explanation.—
For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.
BNS Section 281: Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both
The penalties for drunk driving in India are as follows:
First offense: A fine of up to Rs. 10,000 and/or imprisonment of up to six months
Second offense: A fine of Rs. 15,000 and/or imprisonment of up to two years
Repeat offenders: Depending on the severity of the offense, the vehicle can be impounded, and the driving license can be canceled
Drunk Driving – Alcohol Limit
Any person who in his/her blood has alcohol exceeding 30 mg. per 100 ml. of blood, detected in a test by a breath analyser is said to be driving under the influence or drunk driving. The same also applies to any person who is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.
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