federal laws
18th AmendmenT (1919 - 1933) (SOURCE 1)
Effectively banned (prohibited) alcohol within the United States.
21st amendment (1933) (SOURCE 2)
Repealed the 18th amendment.
Federal Alcohol Administration Act (1935) (source 3)
A bill to amend title 23, United States Code, to establish a nationally uniform minimum drinking age of 21 years.
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act (1970) (SOURCE 4)
USLegal.com states:
"Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act is enacted to approach alcohol abuse and alcoholism from a comprehensive community care standpoint, and to meet the problems of alcohol abuse and alcoholism...." (Source 5)
"Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act is enacted to approach alcohol abuse and alcoholism from a comprehensive community care standpoint, and to meet the problems of alcohol abuse and alcoholism...." (Source 5)
federal public transportation act of 1982 (1983) (source 6)
Encourages states to prohibit the sale of alcohol to anyone under the age of 21. Non-compliant states would be forced to pay a fee. This public law can be found in 23 U.S. Code § 158 (National minimum drinking age) and was last amended in 2012. So, while there is actually no federal law prohibiting minors from drinking, all states have adopted the federal recommendation of 21.
U.S. Code Title 27 - intoxicating liquors (source 7)
This is the chapter of U.S. Code that covers laws and regulations concerning alcohol.
summary of state laws (source 8)
Blood alcohol content (bac) level per state
Currently, all states have adopted a maximum BAC level of .08
"Implied consent" law
FindLaw.com states that an "implied consent" law means "...when an [individual apply's] for a driver's license, motorists give consent to field sobriety tests and chemical tests to determine impairment. Should a driver refuse to submit to testing when an officer has reasonable suspicion that the driver is under the influence, the driver risks automatic license suspension along with possible further penalties."
Currently, all states have adopted this law.
Currently, all states have adopted this law.
"zero tolerance" law
All states have adopted a "zero tolerance" law.
In the United States it is illegal for anyone under the age of 21 to purchase or posses alcohol, however, most states allow an individual to drive a vehicle without supervision as early as 16 years old. So, to combat underage drinking, all states have enacted so-called "zero tolerance" laws. While there are a handful of states of with a 0.00 BAC limit most states have a .02 BAC limit for any driver under the age of 21.
In the United States it is illegal for anyone under the age of 21 to purchase or posses alcohol, however, most states allow an individual to drive a vehicle without supervision as early as 16 years old. So, to combat underage drinking, all states have enacted so-called "zero tolerance" laws. While there are a handful of states of with a 0.00 BAC limit most states have a .02 BAC limit for any driver under the age of 21.
Enhanced penalty
Nearly every state has adopted some form of enhanced penalty for drivers who show increased BAC levels. These levels range from .15 to .2. If a driver's BAC level meets this level their penalty for driving while under the influence could be dramatically increased.
sources
- National Constitution Center. (n.d.). Amendment XVIII - The United States Constitution. Retrieved from https://constitutioncenter.org/interactive-constitution/amendments/amendment-xviii.
- National Constitution Center. (n.d.). Amendment XXI - The United States Constitution. Retrieved from https://constitutioncenter.org/interactive-constitution/amendments/amendment-xxi.
- Archive.org. (May 19, 2008). Legislative history of the Federal alcohol administration act. Retrieved from https://archive.org/details/legislativehisto00unit.
- USLegal.com. (n.d.). Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Law and Legal Definition. Retrieved from https://definitions.uslegal.com/c/comprehensive-alcohol-abuse-and-alcoholism-prevention-treatment-and-rehabilitation-act/.
- Public Law 91-616: Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (84 Stat. 1848; Date: 12/31/1970; enacted S. 3835). Retrieved from https://www.gpo.gov/fdsys/pkg/STATUTE-84/pdf/STATUTE-84-Pg1848.pdf.
- Public Law 97-424: Federal Public Transportation Act of 1982 (96 Stat. 2140; Date: 1/6/1983). Retrieved from http://uscode.house.gov/statviewer.htm?volume=96&page=2140.
- Cornell Law School: Legal Information Institute. (n.d.). U.S. Code: Title 27 - Intoxicating Liquors. Retrieved from https://www.law.cornell.edu/uscode/text/27.
- FindLaw.com. (n.d.). Comparing State DUI Laws. Retrieved from http://dui.findlaw.com/dui-laws-resources/comparing-state-dui-laws.html