Timeline of DUI Prosecutions in New York

History of DWI Tests

New York State has always been a pioneer in traffic law. Prior to 1910, no state in the country had laws regulating drunk driving. New York was the first state to pass legislation attempting to curtail irresponsible driving and continues to take seriously all alcohol and drug related offenses.

DWI Prosecutions Pre-Chemical Tests

Prior to 1931, officers did not have much scientific basis for classifying motorists as drunk. In large part, DWI charges did not lead to many convictions. The seriousness of the offense only began to set in after 1931 as chemical test technology began to progress.

In 1931, the grandfather of the breathalyzer was born. Known as the “drunkometer”, the device relied on a reaction between alcohol and a compound known as acidified potassium permanganate. It would then translate this reaction on a color scale, with a deeper purple color equating a higher alcohol concentration. Officers would use this device and make their charging decisions on the hue of purple it registered. Officers would then make an evaluation as to whether a suspect was more than “50%” drunk. As crude as it sounds, this was the first real taste of scientific measures being applied to DWI matters. The mere fact that any evidence, other than officer testimony, was offered led to an immediate increase in DWI convictions. In addition, the American Medical Association determined that the maximum BAC was 15% in 1938. This allowed officers to give a threshold determination when submitting their drunkometer readings to the Court.

In 1954, the device commonly known as the breathalyzer was invented. The brainchild of inventor Robert Frank Borkenstein, the basic breathalyzer consists of two photocells, two filters, and a breath sample collection device. Building on the drunkometer, it analyzes reactions between alcohol and potassium dichromate, giving a reading of a suspect’s blood alcohol content. It allowed for a more tailored reading than “50%” and proved popular with law enforcement. This test could now be performed on the spot and give numerical readings instead of shades of purple. While it is occasionally updated, the device has remained virtually the same since 1954, and is still used daily. The technology is also the basis for all Ignition Interlock Devices used present day. Interestingly, a year prior to its invention, New York State passed its first Implied Consent Law. The law provides that if there is probable cause of drunk driving, the motorist consents to taking some sort of chemical test to determine the blood alcohol content. Borkenstein would go on to assist in creating the polygraph machine.

With the ammunition of the breathalyzer, implied consent laws began to be taken seriously across the country. In the late 1970’s through the entire 1980’s, harsh DWI legislation was passed with ease. This led to the raising of the drinking age, the reduction of the threshold BAC from 15% to 8%, mandatory revocations for second time offenders, and the authorization of similar penalties and fees.

There are other chemical tests in addition to the breathalyzer. Furthermore, officers have other tools at their disposal in addition to chemical tests. A DWI charge, even a first offense, should never be taken lightly.

However, just as officer observations prior to 1931 were not foolproof, and drunkometer readings were found to be not accurate, there are ways to review breathalyzer and similar chemical test readings. In the 1990’s DWI defense grew as a result of severe lobbying for DWI penalties. While chemical tests like the breathalyzer are better than their predecessors, there will never be a device that is perfect. Chemical tests are influenced by various factors just like humans are. DWI defense attorneys remain vigilant in their efforts when analyzing each and every DWI stop.