The very first person to get arrested for driving under the influence was George Smith, a 25-year-old London Taxi driver, who drove his vehicle into a building on September 10, 1897. The Morning Post, a daily newspaper published in London from 1772 to 1937, reported on Mr. Smith's incident a few days after the event. According to the article, the Police-Constable had seen Smith “in charge of a motor-car -- a four-wheeled electric cab” when “[s]uddenly the vehicle swerved from one side of the road to the other.” Smith first denied his drunken state but eventually admitted to having “two or three glasses of beer”. The conversation documented between Smith and the Constable displays that Smith was rather confused with why he was in trouble -- “[I]t is the first time I have been charged with being drunk in charge of a cab.” Smith was fined 20 shillings for the offense. The constable explained, “You motor-car drivers ought to be very careful, for if anything happens to you -- well, the police have a very happy knack of stopping a runaway horse, but to stop a motor is a very different thing.”
The Constable was absolutely right. The invention of the motor vehicle changed everything when it came to being drunk in public. Prior to the invention of the automobile, being intoxicated in a social setting was a relatively inconsequential nuisance for the general public. A majority of the time, indulging in your drink of choice at a local tavern did very little to put others in any type of danger. With the speed and weight of a motor vehicle; however, being drunk in public began to get a lot more dangerous. The first large scale manufacturing of an affordable motor vehicle took place in 1902 in Michigan by the Oldsmobile company; however, at that time driving such machines was not a regulated activity. In 1917, South Carolina became the first state to create the Division of Automobile Licensing and Registration to issue licenses and collect fees; however, prosecuting an intoxicated driver was yet to be a possibility.
How the Breathalyzer Evolved -- Changing the Face of Driving Under the Influence
The early and mid 1900s, saw a huge surge in the number of vehicle fatalities. Cars were starting to become much more available and affordable for the general public and prohibition was repealed, creating an even greater sense of urgency among public health officials who were concerned about drinking and driving. The number of car accident fatalities involving an intoxicated driver were upwards of 50%. In an attempt to deflate these numbers, scientists and professors began experimenting with various devices that could potentially determine a person's intoxication level. Prior to this point in time, determining whether someone was intoxicated was very subjective. In Smith's case, the Constable had to call in the ‘Divisional Surgeon' to negate Smith's plea that he was not intoxicated. Officers and even the Surgeon could only confirm Smith's intoxication level based on the way he acted -- not based on any direct scientific evidence.
The first method for measuring a person's intoxication level was created in the late 1920s and involved “distilling the material, oxidation of the distillate with dichromate, and titration of the excess dichromate with a solution of ferrous sulfate and methyl orange”. In other words, the first test was impossible for anyone to actually use -- except for a trained chemist, of which most police department's then, and now, do not have on staff. In 1938, a professor of biochemistry and toxicology, Robert F. Borkenstein and Professor R. N. Harger collaborated and invented what became known as the “Drunkometer” -- the first practical, non-invasive alcohol detection device used roadside by police officers. The Drunkometer, a balloon like device, compared the ratio of carbon dioxide and alcohol in a person's breath to pre-mixed alcohol solutions. If alcohol was detected in the breath sample, the alcohol solution would change colors -- the greater the color, the higher the alcohol concentration. In the 1940s, another device was created that employed a very similar system called the Intoximeter. The Intoximeter and Drunkometer were the two competing devices that police departments adopted all across the nation. In 1954, Borkenstein then created the Breathalyzer which was an incredibly simple and more accurate device that could immediately report an individual's intoxication level. Police departments, confident in the technology and accuracy of the Breathalyzer, made this device an essential tool in every police car around the nation.
Do You Have to Submit to a Breathalyzer If Pulled Over for a DUI?
In Washington State, when a person is pulled over, that person is not legally obligated to submit to any type of intoxication-proving test including a breath test or even a field sobriety test; however, if you are lawfully arrested and the officer has probable cause that you have been driving under the influence, you have impliedly consented to providing a breath or blood sample to determine your BAC. This law is called the “implied consent” law. Although a person arrested for a DUI has consented to the breath test, they have the absolute right to refuse to take the test at the police station.
Refusing to take the breath test is not always in a person's best interest as a refusal can result in dire penalties. Several criteria go into the potential consequences of a refusal including any current probation, the anticipated level of impairment, past DUI offense history, etc. At minimum, when a person refuses to take a breathalyzer, their license will be suspended for at least one year. Deciding whether it is in your best interest to take a breath test when legally requested is not a simple question to answer. If you are facing a DUI conviction, whether you blew into a breathalyzer or refused, there are steps that can be taken to help mitigate the consequences of a potential DUI conviction. The first step should be to hire an experienced DUI attorney who can help you navigate the complex waters of a DUI charge.
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