1872
In 1872, the law made it an offence to be 'drunk' whilst in charge of horses, carriages, cattle and steam engines. Someone convicted of this offence in the 19th century would normally receive a fine not exceeding 40 shillings. In more serious cases where horses, cattle or people were injured or killed, you could be sent to prison.
Criminal Justice Act 1925
As motor vehicles became more popular in the early 1900s the law had to expand to cover the rapid advances in cars and motoring. Another important consideration was the first fatal car accident that occurred in 1899 when two men were thrown from a vehicle after a mechanical failure. Both men died as a result.
It was this year that the court were given the ability to disqualify a driver for a mandatory 12 months for the offence of "being found drunk in charge of any mechanically propelled vehicle on any highway or other public place". You are probably wondering how a person could be proven to be "drunk" without being above a legal limit. The law was somewhat objective and lots of people were able to demonstrate that they were not drunk and that they may have been impaired for some other reason such as illness or injury. This created some difficulty for the Prosecution in proving people were guilty. Often people would simply contest the allegation and place the burden on the Prosecution to prove that someone was in fact "drunk". What was classed as "drunk"? What was classed as "in charge"? The law simply had too many downfalls.
The burden of proof in criminal law is 'beyond reasonable doubt', it was often very difficult for a Crown Prosecutor to prove that someone was 'drunk' without knowing that person previously. Members of the public who may have witnessed an incident would often be very difficult to track down and would also be very reluctant to attend court.
The Road Traffic Act 1930
In 1930 the law changed again and it became an offence to drive, attempt to drive or be in charge of a motor vehicle on a road or any other public place while being "under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle". It was here that the legislation was broadened to cover attempting to drive and to rectify the issues with proving that someone was drunk. The Prosecution would now have to prove that someone was under the influence.
The Marples Act 1962
In 1962 it became an offence for any person to drive, attempt to drive or be in charge of a motor vehicle if their "ability to drive properly was for the time being impaired".
The possibility of using blood, urine or breath for alcohol analysis was approached in the Road Traffic Act of 1962 (aka The Marples Act), it was not considered to be an offence to fail/refuse to supply a breath, blood or urine specimen. However, failing to do so without reasonable cause could "be treated as supporting any evidence given on behalf of the prosecution, or as rebutting any evidence given on behalf of the defence".
Before this act was introduced successful drink driving prosecutions relied heavily upon the subjective tests and observations of so called 'police surgeons' and other evidence such as witness statements alongside any statements made by the accused.
1965
In 1965 the United Kingdom decided to review the law regarding alcohol, driving and vehicles as there was an increased rise in alcohol related motoring accidents. In 1965, this was the first time a legal limit for alcohol in blood was considered. The below YouTube video shows the views of some motorists regarding the introduction of the breath test machine and legal limits.
Drink driving was made illegal in 1967
Driving above a legal limit for alcohol was only made illegal in the United Kingdom in 1967. The Road Safety Act of 1967 introduced legal limits for alcohol consumption while driving and established penalties for those caught driving under the influence of alcohol. The legal limit was initially set at 80 milligrams of alcohol per 100 millilitres of blood (80mg/100ml) for blood alcohol concentration (BAC), which was later reduced in 1974 to 80 milligrams of alcohol per 100 millilitres of breath (35μg/100ml breath).
1983
In 1983, evidential breath tests in police custody were put in place. This allowed the police to rely on an alcohol breath reading given by a suspect on the Lion Intoximeter 3000 in police custody. The police could then charge a suspect with the offence of drink driving and the evidence of the breath reading could be relied upon by the Prosecution Service in the Magistrates' Court.
