When Did DUI Become a Felony?
History of DUI Laws
Drunk driving, or driving under the influence (DUI), has been a serious concern for many years. In the United States, the first DUI laws were enacted in the late 19th century, with the first law passed in New York in 1881. However, these early laws were largely ineffective and often lacked strong penalties.
Early Penalties for DUI
Prior to the 1980s, DUI was typically treated as a misdemeanor offense, with penalties ranging from a fine to a few months in jail. The laws and penalties varied widely from state to state, with some states having stricter penalties than others.
The National Minimum Drinking Age Act of 1984
The National Minimum Drinking Age Act of 1984 was a significant turning point in the history of DUI laws. This federal law required states to raise their minimum drinking age to 21 or face a reduction in federal highway funding. As a result, most states raised their minimum drinking age, and DUI laws became more stringent.
The Omnibus Transportation Act of 1991
The Omnibus Transportation Act of 1991 was another important milestone in the evolution of DUI laws. This federal law authorized the National Highway Traffic Safety Administration (NHTSA) to provide grants to states to improve their drunk driving laws and enforcement.
When Did DUI Become a Felony?
DUI became a felony offense in the United States in the early 1990s. The first state to make DUI a felony was California, which enacted a felony DUI law in 1989. This law made it a felony to commit a fourth or subsequent DUI offense, as well as to commit a DUI with a minor in the vehicle or to cause serious injury or death.
Other States Enact Felony DUI Laws
Over the next decade, many other states followed California’s lead and enacted felony DUI laws. By the year 2000, 32 states had felony DUI laws, with varying degrees of severity. Some states made all DUI offenses felonies, while others made certain offenses, such as repeat offenders or those who cause harm, felonies.
Current State of DUI Laws
Today, 34 states and the District of Columbia have felony DUI laws, with some states making all DUI offenses felonies and others making certain offenses felonies. The severity of the penalties varies widely from state to state, with some states imposing long prison sentences and others imposing shorter sentences or probation.
Table: Felony DUI Laws by State
| State | Felony DUI Laws |
|---|---|
| Alabama | Yes |
| Alaska | Yes |
| Arizona | Yes |
| Arkansas | Yes |
| California | Yes |
| Colorado | Yes |
| Connecticut | Yes |
| Delaware | Yes |
| District of Columbia | Yes |
| Florida | Yes |
| Georgia | Yes |
| Hawaii | Yes |
| Idaho | Yes |
| Illinois | Yes |
| Indiana | Yes |
| Iowa | Yes |
| Kansas | Yes |
| Kentucky | Yes |
| Louisiana | Yes |
| Maine | Yes |
| Maryland | Yes |
| Massachusetts | Yes |
| Michigan | Yes |
| Minnesota | Yes |
| Mississippi | Yes |
| Missouri | Yes |
| Montana | Yes |
| Nebraska | Yes |
| Nevada | Yes |
| New Hampshire | Yes |
| New Jersey | Yes |
| New Mexico | Yes |
| New York | Yes |
| North Carolina | Yes |
| North Dakota | Yes |
| Ohio | Yes |
| Oklahoma | Yes |
| Oregon | Yes |
| Pennsylvania | Yes |
| Rhode Island | Yes |
| South Carolina | Yes |
| South Dakota | Yes |
| Tennessee | Yes |
| Texas | Yes |
| Utah | Yes |
| Vermont | Yes |
| Virginia | Yes |
| Washington | Yes |
| West Virginia | Yes |
| Wisconsin | Yes |
| Wyoming | Yes |
Conclusion
DUI laws have evolved significantly over the past few decades, with a trend towards making DUI a felony offense. Today, 34 states and the District of Columbia have felony DUI laws, with varying degrees of severity. While there is still much work to be done to combat the scourge of drunk driving, the increasing severity of DUI penalties is a positive step towards reducing the number of fatalities and injuries caused by drunk driving.
