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Alcohol, Drinking, Driving, and the Law

by David J. Hanson, Ph.D.

The sale, purchase, possession and consumption of alcoholic beverages (beer, wine and distilled spirits) are highly regulated by laws that vary dramatically from place to place. Attention is focused on:

  1. Drunk and Impaired Driving Legal Issues
  2. Underage Alcohol Possession and Drinking Legal Issues
  3. Alcohol Blue Laws
  4. Other Alcohol Law Issues

Resources for locating alcohol laws include the following:

State and Local Laws - Provides links to state legal codes, administrative codes, legislative information, attorneys general opinions, appellate court opinions, and other resources to assist in locating state laws, both existing and proposed, regarding alcohol and drinking. Also includes links to codes of over 5,000 municipalities in the U.S.

DWI/DUI Laws of U.S. States - DWI and DUI laws of all states, including license revocation or suspension, open containers, and blood alcohol concentration (BAC) legal limits, are listed in summary form in addition to drinking and driving resources.

Legal Drinking Age - Lists the minimum legal drinking ages of countries around the world as well as a summary of legal drinking age laws of each state in the U.S.

It’s the Law! - Lists surprising, unusual and bizarre laws concerning alcohol and drinking.

I. Drunk and Impaired Driving Legal Issues

Alcohol Abuse Treatment for DWI/DUI - First-time offenders of Connecticut's drunk driving laws who are diagnosed with serious alcohol problems will now receive treatment for their alcohol abuse.

A Creative Approach to Reduce Drunken Driving - Alaska allows taxi companies to transport both an intoxicated patron and the patron’s vehicle safely home. The program is called “Off the Road,” and is funded by government grants, corporate sponsors, bars, and restaurants.

DUI Bumper Stickers - A Florida judge has ordered some drivers convicted of DUI to put bumper stickers on their cars asking “HOW’S MY DRIVING? THE JUDGE WANTS TO KNOW!!!” The stickers include an ID number and toll-free telephone number.

Drinker Tells Doctor, Loses License - A Pennsylvania man being treated for irregular heartbeat described his drinking behaviors, presumably in confidence, to physicians treating him. Because he gave this information to his doctors, the patient has lost his driver’s license.

Unreliable Alcohol Breath Tests in DWI/DUI Court Cases - The Washington State Supreme Court found that the state broke its own rules for maintaining alcohol breath-testing machines and has ruled unanimously that alcohol breath tests in cases of alleged drunken or impaired driving aren’t admissible in court if they haven’t been properly calibrated to reduce inaccurate readings.

Death Penalty for DWI Offenders Proposed - A supporter of the current neo-prohibitionist movement proposes the death penalty for all DWI offenders.

Forced Drawing of Blood without Consent - The Utah State Court of Appeals has overturned a woman’s conviction for drunken driving (DWI) and chastised the Salt Lake City police for illegally obtaining a sample of her blood against her will without a warrant.

Tongue Studs and Breathalyzer Tests - An Indiana Court of Appeals has ruled that the results of an alcohol breath test given to a woman wearing a stainless steel stud in her pierced tongue are inadmissible in court. That’s because the stud is a foreign object in her mouth that can influence the test results.

Reduce Legal BAC? - Legislators in Illinois are preparing to consider a new law to lower the maximum legal blood alcohol concentration (BAC) for driving from .08 down to .06.

New Breath Test Challenged - A class-action suit against the use of data collected by the DataMaster breath-testing device was won because the state of Iowa failed to provide uniform instructions for operating the test.

Alcohol Breath Testers: Incorrect Readings - A number of alcohol breath detectors used by the National Police Agency in Japan have been giving false readings. They even gave falsely high readings for people who had consumed absolutely no alcohol

“Drink. Drive. Go to Jail” - Billboards threaten drivers in Texas with the assertion “Drink. Drive. Go to Jail,” which clearly implies than any consumption of alcohol before driving is illegal and will result in incarceration.

Alcohol Breath Testers Challenged - Cases have been won in several Georgia counties by defendants successfully charging that the Intoxilyzer 5000 breath tester is biased against women.

DUI Tests Must Now be Accurate - The Supreme Court of Ohio has ruled unanimously that tests of breath, blood or urine for alcohol content must closely comply with state regulations designed to minimize errors. Judges can now only allow very minor errors in the alcohol tests.

Unreliable Alcohol Breath Test (“Breathalyzer”) Readings Rejected - A Texas state appellate court ruling, known as the "Stewart case," has caused questionable breath test estimates to be thrown out of courtrooms in 32 South Texas counties. This protection of the rights of the innocent been strongly criticized by Mothers Against Drunk Driving (MADD).

Drunken Driving by Members of Congress Not Prosecuted - It appears that dozens of members of Congress each and every year escape DWI arrests by invoking their congressional privilege of immunity (Article one, Section 6). The privilege of immunity serves no useful purpose today and is seen as an affront to law-abiding citizens.

II. Underage Alcohol Possession and Drinking Legal Issues

Lawsuit Charging Alcohol Ads Target Teens Tossed Out - A class-action suit that alleged alcohol producers were guilty of encouraging underage drinking with their advertising was dismissed by a California Superior Court.

Parental Rights Threatened - Parents who serve their children alcohol in their own homes would be guilty of a crime under proposed legislation in Missouri.

Parents & Underage Drinking Targeted - It’s illegal for parents in Arizona to serve their children under age 21 a “glass of wine on New Year’s Eve” and the state says it will vigorously enforce the law, which will likely increase alcohol abuse, injury, and death among young people.

Underage Alcohol Sales Entrapment Stings - Many law enforcement agencies fail to protect the rights of innocent citizens and illegally entrap them. The nature of entrapment is described.

DC Decriminalizes Underage Drinking - The District of Columbia has decriminalized underage drinking, making consumption of alcohol by those under age 21 a civil rather than criminal offense.

Buying Alcohol for Minors - The California Supreme Court has clarified the state’s criminal law against buying alcohol for a minor by ruling that a defendant has the right to try to prove that he or she reasonably believed that the minor was of legal age.

Alcohol Ad Ban Ruled Unconstitutional - A Pennsylvania law banning paid advertising for alcoholic beverages in college newspapers is unconstitutional, a federal appeals court has ruled.

Bar Can Sue Underage Drinkers - Owners of an Indiana bar that could have lost its liquor license for serving minors can sue the underage drinkers according to the Indiana Court of Appeals.

Designated Driver (DD) Difficulties - Laws in many states permit arresting and convicting for possession of alcohol an alcohol-abstaining adult under the age of 21 who is serving as a designated driver for merely being at a gathering or party at which alcohol is present.

Underage Drinking Felony Law - State law in New Mexico now makes it a felony to provide alcohol to anyone under the age of 21.

Illegal Underage Drinking Arrests - A Washington DC Superior Court judge has ordered the city to stop charging underage drinkers with a crime, because it is a civil infraction -- not a crime -- under city law.

Illegal Alcohol Stings - Police in the Texas town of Oak Park North conducted a series of illegal sting operation against clerks selling alcoholic beverages.

Getting Tough on Underage Drinking - Legislators in Iowa are considering a proposal to increase the penalties for underage drinking to include up to two years in prison and a $5,000 fine.

Lower Drinking Age? - The Saskatchewan government may consider lowering the minimum legal drinking age to 18, according to Premiere Lorne Calvert.

Jail for Alcohol Possession - Young adults and others under the age of 21 could be jailed for 30 days for a second conviction of possession of alcohol under a proposed bill gaining momentum in the Michigan legislature.

Pedestrian Alcohol Tests Illegal - The U.S. District Court in Detroit had held that it is illegal for police to enforce a municipal ordinance requiring pedestrians under age 21 to take a breath test for alcohol use or face a $100 fine. The ordinance is nearly identical to a state law in Michigan.

Legality of Alcohol Law Questioned - Judges doubt the legality of a new law in Montana that punishes parents if their offspring are charged with an alcohol offence. Supreme Court observers believe that courts can’t legally punish parents who have done nothing wrong and are innocent of any crime.

“No, Honey. You Can’t Drink With Me” - In Wisconsin, an adult under the age of 21 who is married to one age 21 or older can legally drink with his or her spouse. State Rep. John Ainsworth doesn't like the idea at all and wants to eliminate the right of conjugal consumption.

Parental Rights Challenged - A Wisconsin legislator is trying to change state law to prevent parents from serving their own children any alcohol beverage, even within their own home.

Alcohol Possession by Minors - The Michigan Court of Appeals has ruled that minors who cross the border to drink legally in Canada cannot be charged under the state's minor-in-possession law when they return to Michigan.

Punishment First, Trial Later - More than 20 high school seniors who traveled to Mexico on an excursion from a school trip to Arizona have been suspended because of accusations that they consumed some alcohol while in Mexico. Although only accused, the students have already been punished regardless of their guilt or innocence.

Confiscating Driver’s Licenses and Fake IDs - A county legislator in New York State is asking the state Legislature to enable alcohol beverage retailers to confiscate the licenses and fake ID’s used by underage persons who attempt to buy alcohol illegally and to call the police. Retailers often routinely confiscate fake ID’s but cannot legally confiscate legitimate driver’s licenses.

The National Minimum Legal Drinking Age Act of 1984 - In spite of its title, National Minimum Age Drinking Act doesn’t prohibit drinking by persons under the age of 21 (so-called “underage” persons) nor does it require the states to prohibit such drinking.

Opinions and Arguments. Opinions and arguments about the minimum legal drinking age law are found at the following pages:

Minimum Legal Drinking Age Myth

Preventing Underage Alcohol Purchases

Underage Drinking Enforcement Training Center

We Would All be Better Off if the Drinking Age were 18

Former College President Calls for Lower Drinking Age

Underage Drinking is Often Legal

Get Rid of the Minimum Drinking Age

Europeans Learn Responsible Drinking

Compliance Checks or Sting Operations

Responses to Arguments against the Minimum Drinking Age

The Drinking Age Should be Lowered

Rethinking Alcohol Use by the Emerging Adult

Why We Should Lower the Drinking Age to 19

Let 19-Year-Olds Drink

Legal Drinking Age: Science vs. Ideology

Police Chiefs Question Drinking Age of 21

Drinking Age Debate Opposed

III. Alcohol Purchase Blue Laws

Blue laws regulate both public and private conduct on the Christian Sabbath. Historically, they have prohibited such things as shaving, dancing, kissing, singing, traveling, cooking, working, sexual intercourse, and commerce. Today blue laws commonly prohibit the purchase of alcohol beverages on Sundays or Sunday mornings, in an effort to promote church attendance.

Blue Laws - Courts in New York and Connecticut have ruled that, because blue laws were created and propagated by religious groups for religious purposes, they are unconstitutional.

Blue Law Repealed - New York State recently repealed its archaic law against buying alcohol on the Christian Sabbath. Those states that still have such prohibition are now in the minority.

31st State Legalizes Sunday Liquor Sales - Ohio has become the 31st state in the US to abolish blue laws that prohibited the sale of liquor on Sundays.

Blue Law Blues - A study by the former Director of Tax and Fiscal Studies for the New York State Assembly, economist Charles de Seve, estimates a net annual gain of $36.6 million in direct local and state sales taxes, excise taxes, income taxes, and corporate taxes if the state ends blue laws that prevent liquor stores from opening on Sundays.

Blue Laws Unconstitutional - Georgia's Fulton County Superior Court Judge Marvin Arrington has handed down a decision calling the city of Atlanta's and the state of Georgia's ordinances against Sunday bar openings unconstitutional.

Sunday Alcohol Sales Recommended - A committee of Kansas legislators recommends allowing stores to sell beer, wine, and distilled spirits on Sundays in cities that approve it. The recommendation to abolish the old Blue Law has the support of Governor Kathleen Sebelius.

Alcohol Sales in MA O.K. - Sunday sales of alcoholic beverages are now legal in Massachusetts because of legislation signed by the governor.

Blue Law Blues - Sunday liquor sales are prohibited in Gallup, NM. As a result, a chain store there has decided to halt sales of hairspray and mouthwash on Sundays because some customers dilute them with water to make drinks called "ocean water." Similarly, other stores now keep hairspray, mouthwash and vanilla extract behind the counter. Blue laws prohibiting alcohol beverage sales have often had similar negative consequences in other communities as well.

IV. Other Alcohol Law Issues

Alcohol, Censorship and Free Press - A new federal law prohibits all state and local grants (although paid entirely by state and local taxes) that allow citizens to post ads or announcements in buses, trains and subways that support reforming current alcohol and drug laws.

Beer Keg Registration - The "five-keg rule" which requires anyone buying more than four kegs of beer at a time to sign an affidavit allowing police to search their premises without cause, is completely ineffective, according to law enforcement officials and the State of Ohio.

Utah Alcohol Law Ruled “Irrational” - A federal appeals court has blocked Utah from enforcing its law that prohibits wine and spirits advertising but that permits beer advertising. The court held that alcohol is alcohol and that distinguishing between different types of beverage alcohol is "irrational."

Utah’s Liquor Laws Ludicrous? -. Many of the residents in the tourist town of Park City in Utah are unhappy with the passage of still more anti-alcohol laws by the state.

 

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References and Readings

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