One for the Road: Drunk Driving since 1900

Preface

Have you ever wondered, after having had a few drinks at a party, how drunk you would have to be to be considered a drunk driver? You might be surprised by the answer. If you have the time and money and are age 21 or over, you might try the following experiment. Go to Amazon.com and purchase a Breathalyzer. One that is not too expensive and has good reviews is the AlcoHAWK Slim model. Before using it, read the instructions carefully in order to get accurate readings. For example, one should not use a Breathalyzer within twenty minutes of one’s last drink because lingering alcohol in the mouth can lead to artificially high readings. Then, select your drink of choice: hard liquor, wine, or beer. If you are drinking liquor, your portion size will be one shot, which is equivalent to 1.5 ounces. In the case of wine, you will be imbibing five ounces at a time. Beer drinkers should drink by the bottle. Then get a friend to help you. Ask this person not to drink. His or her role is to stop the experiment if you are getting too intoxicated to document what happens to you as you drink. Also, be sure not to have eaten for two hours prior to beginning this experiment, which is best done on an empty stomach. If you are a man, consume three drinks—liquor, wine, or beer—over the next hour. If you are a woman, drink two. At the end of the hour, describe to your friend how you feel, both while sitting down and taking a walk. Have your friend engage you in a discussion about current events and see how well you do. Try the old trick of highway patrolmen: say “Methodist Episcopal.” Finally, if you like, get into your car and contemplate driving in your current state. Please do not actually drive. Based on body weight, metabolism, and personal tolerance to alcohol, people will react very differently to this experiment. However, most will be mildly euphoric, feeling “buzzed” or “tipsy.” They will have poor concentration, poor judgment, and slow reaction times. They will be less able to perform complex Preface xii Preface tasks. Behind the wheel, they may drive acceptably if there are no obstacles, but they will respond slowly or clumsily when encountering an unexpected event, such as a pedestrian running across the street or a car that unexpectedly brakes or cuts them off. In the United States, in contrast to many other countries, it is absolutely legal for individuals who have drunk this much alcohol to drive. The vast majority of them will have blood alcohol levels of less than 0.08%, the current upper legal limit for driving. Of course, if police officers stop such drivers and request roadside sobriety tests, and the drivers do poorly, a driving while intoxicated (DWI) arrest is still possible. But even then, if the blood alcohol level turns out to be under 0.08%, such a person may not ultimately be convicted or punished. Now it is time for part two of the experiment. Imagine having two more drinks, which would raise your blood alcohol level to roughly 0.12%. At this point, most people who are not heavy drinkers will be, well, plastered, or getting there. They will feel giddy, have few inhibitions, and be mentally unfocused. They will be physically clumsy and may stagger and slur their speech. Anyone who gets into a car in this condition and simulates driving will perceive , one hopes, that this idea is utterly absurd. Nevertheless, for decades following the repeal of Prohibition in 1933, being stopped for erratic driving and having a blood alcohol level of 0.12% was unlikely to lead to a DWI conviction , unless a driver was unlucky enough to kill or injure someone. To ensure an arrest and possible conviction, his or her level would have had to be even higher: 0.15%, the equivalent of six or more drinks on an empty stomach. It was not until the 1960s that some states lowered their legal blood alcohol levels to 0.10%. And, regardless of what the cutoff was, even bodily harm caused to an innocent victim by a drunk driver was no assurance of a substantial punishment . Not inclined to try this experiment? That’s perfectly fine. But as a driver or a pedestrian, you should care. It is estimated that, despite decades of anti–drunk driving messages, millions of arrests, and...