NCJ Number
131653
Journal
Deviance et societe Volume: 14 Issue: 4 Dated: (December 1990) Pages: 395-420
Date Published
1990
Length
26 pages
Annotation
The article surveys changes in the Canadian drunk driving laws since they were established in 1921.
Abstract
An analysis of crime definitions, policy statements, and commentaries shows how a particular behavior gradually becomes criminal behavior. In the laws, the 1920's, 1950's, 1960's, and 1980's brought about the most notable changes. The definition of the crime becomes more specific: what was first simply called driving in a state of drunkenness or driving with impaired faculties is now defined as driving with more than 80 milligrams of alcohol in the blood. Also at first, blood, urine, and breath tests were voluntary while they are mandatory today. Among the shaping forces, the medical experts have been foremost in qualifying and quantifying the drunk driving laws. This legislation is another example of how scientific insights shape criminal law. Contemporary commentaries also show how each new law created a legal precedent which extended government power and restricted individual rights. However, such intrusion was seen as justified because of the seriousness and extent of the problem.