The History of DUI/DWI in Virginia – Part 1 of 17
By Jeff Martin – Michael C. Tillotson, LLC – Attorneys at Law
Early history of alcohol and autos in Virginia
Most areas of the law develop at a somewhat glacial pace. Not so with drunk driving, where laws are pushed by an emotional reaction to a serious, but isolated problem, of recidivist drunk drivers. In fact, this reaction has created what one DUI defense attorney calls “The DUI Exception to the Constitution.”[1]
Perhaps it would be helpful to take a look at how we got here in the nation as a whole and in Virginia in particular. Man and alcohol arrived in America at the same time. In fact, the Puritans brought more beer than water on the Mayflower.[2] Cranberry sauce and pumpkin pie were not at the first Thanksgiving dinner, but there was brandy, beer, gin, and wine. Almost every settlement had alcohol, including Jamestown where alcohol was included as part of the settler’s sea rations. The first law against drunkenness was introduced in Virginia in 1619.[3]
It took a while longer for Americans to be introduced to their other great love: the automobile. The first American gas-powered car was road tested in Massachusetts in 1893.[4] A few years later in 1899, the first automobile was driven down the streets of Norfolk, Virginia.[5] By 1904, Henry Ford had hundreds of autos rolling off the assembly lines.
In that same year, Virginia lawmakers became concerned with the excessive speeds of the auto. The 1904 General Laws of Virginia § 3859b prohibited speeds above 15 miles per hour.
[1] Lawrence Taylor, The DUI Exception to the Constitution, http://www.duiblog.com/2005/05/09/the-dui-exception-to-the-constitution.
[2] David J. Hanson, Puritans to Prohibition, http://www2.potsdam.edu/hansondj/FunFacts/PuritansToProhibition.html.
[3] Alcohol in America, http://library.thinkquest.org/04oct/00492/Alcohol_in_America.htm
[4] U.S. Department of Transportation, National Highway Traffic Safety Administration, Traffic Safety Facts 1994, http://www-nrd.nhtsa.dot.gov/Pubs/94pedalcyclists.pdf.
[5] Virginia Department of Transportation, A History of Roads in Virginia, http://www.loudounhistory.org/history/ virginia-transportation.htm.
Should you find yourself in a DUI/DWI situation in Virginia you can contact Michael Tillotson for a FREE No obligation Case Evaluation by contacting our office today. Michael C. Tillotson, LLC – DUI Defense Attorneys in Virginia. Office 757.969.5197 visit http://www.VaDWIDefenders.com or email us at info@vaduilawyer.org
