When Did Drunk Driving Become Illegal?

Drunk driving accidents shatter lives, leaving victims and families grappling with loss and pain. Today, everyone knows that driving under the influence is illegal, but the history of modern regulations may surprise you. 

Modern drunk driving laws have gone a long way in addressing drunk driving accidents. Despite strong Florida DUI laws, these crashes still happen and leave people facing life-changing injuries. Here’s what you need to know about these accidents and their legal landscape — including how to seek justice if you’ve been hurt by a drunk driver.

The Evolution of Drunk Driving Laws: Timeline

Drunk driving laws first originated over a century ago. According to America Comes Alive!, New York passed the first DUI law in 1910. Officers relied on subjective observations then. Testing the blood alcohol concentration (BAC) of drivers did not become common practice for decades due to technology limitations. 

The first tool to measure BAC was the Drunkometer, which was patented in 1936. Nearly 20 years later, the first breathalyzer was created by Robert F. Borkenstein. Today, the legal BAC limit is the primary means of determining whether someone should be charged with driving under the influence. 

Introducing scientific measurement capabilities helped promote DUI enforcement. Unfortunately, drinking and driving remained legal in many states until the 1980s. Candy Lightner helped change this after one of her daughters was killed by a drunk driver in 1980. Lightner formed Mothers Against Drunk Drivers, later changed to Mothers Against Drunk Driving (MADD). 

MADD helped push for change at the national level, which ultimately led to the National Minimum Drinking Age Act. This established 21 as the minimum drinking age in all 50 states. MADD continues to advocate for drunk driving legal reform and played a key role in the adoption of 0.08% BAC as the legal limit. This became the standard in 2004. 

DUI Laws and Severe Penalties in Florida 

Florida DUI laws are tough, as they are meant to deter impaired driving and protect everyone out on the road. The first law you need to know is the BAC limit, which is 0.08% for most drivers. Commercial drivers are subject to a BAC of 0.04%, and individuals under 21 are subject to a 0.02% BAC as part of Florida’s zero-tolerance policy on underage drinking. 

Florida DUI laws, such as the implied consent law, help promote compliance and reduce instances of drunk driving. This law means that you agree to a blood alcohol concentration test if a law enforcement officer suspects DUI. 

Refusing to submit to a breath, blood, or urine test can result in an automatic one-year suspension of your driver’s license. Repeat refusals can lead to an 18-month suspension. 

The penalties for a first DUI offense include a fine of up to $1,000, up to 6 months in jail, and a 180-day license suspension. A second or subsequent conviction can lead to a fine of up to $2,000, up to 9 months of jail time, and up to a 5-year suspension. 

Additionally, the court may place an interlock device in the person’s vehicle for one year. An interlock device requires drivers to provide a breath sample before their vehicle will start. 

A felony DUI in Florida occurs when someone commits a third offense within 10 years. If a drunk driver causes serious injury or death, they can be charged with a felony on their first offense. DUI accidents that result in death can lead to a vehicular manslaughter charge. 

How Many Drunk Driving Deaths Were There in Florida in 2024? 

According to the Florida Crash Dashboard, there were 230 fatalities from impaired driving crashes in 2024. That figure includes incidents where both alcohol and drug-related impairment were present. 

There were an additional 269 fatalities from “alcohol only impairment” crashes. Approximately 4,811 crashes were attributed to alcohol impairment, and 2,836 injuries were linked to DUI in 2024. 

Is Drunk Driving a Felony? 

In some states, drunk driving can be considered a felony, depending on the circumstances. For example, if the driver has a prior conviction for drunk driving or if someone was seriously injured or killed as a result of the driver’s intoxication, the driver could face felony charges.

In Florida, a drunk driving charge can become a felony if the driver has three or more prior DUI convictions, caused serious bodily injury to another person, or caused the death of another person while driving under the influence.

What Are the Penalties for Drunk Driving in Florida?

The penalties for drunk driving in Florida vary depending on the circumstances of the offense. Generally, first-time offenders can face fines of up to $1,000, license suspension, and mandatory community service. Repeat offenders can face up to five years in prison and fines of up to $5,000.

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

Yes, you can sue a drunk driver even when they are facing criminal charges. While criminal charges are handled in the criminal court system, civil cases are handled in the civil court system. A successful civil lawsuit can result in financial compensation for your injuries, pain, and suffering.

What Damages Can I Seek When a Drunk Driver Injures Me? 

If a drunk driver injures you, you can file a civil lawsuit that is separate from their criminal case. When you sue drunk drivers, you may be able to pursue compensation for:

• Medical expenses: Hospital bills, rehab, ongoing care 
• Lost income: Wages lost now and in the future 
• Pain and suffering: Physical and emotional distress
• Property damage: Vehicle repair or replacement 

Drunk driving accident compensation varies based on the severity of your injuries and the level of negligence involved. For example, wrongful death lawsuits may allow you to seek compensation for a loss of financial benefits and companionship that your loved one would have provided. 

These rights serve to hold a negligent driver responsible beyond the criminal court system.

Hire a Tampa Drunk Driving Injury Lawyer 

After a Tampa drunk driving accident, it’s vital to act fast. Evidence fades quickly, and you need a skilled attorney to help you build a strong case. 

Ready to speak to a drunk driving injury lawyer? A Florida accident attorney from Jack Bernstein, Injury Attorneys, can investigate your crash, prove negligence, and handle insurance companies on your behalf. Our Tampa DUI accident lawyers know what it takes to obtain maximum compensation.

FAQ

Sources:

Candy Lightner. (2019).
FLA. STAT. § 95.11. (2025).
Florida Crash Dashboard. (2025).
Kelly, K. (2025). Drunk Driving Laws Date to 1910.