ABSTRACT

In about half the states, drinking while one is driving is permitted, as long as the driver is not intoxicated or driving dangerously. And there is no evidence that a ban on such behavior makes any difference at all, as Clay Hall of the National Highway Traffic Safety Administration admitted. Nevertheless, prohibiting such action by what are known as open-container laws is necessary because "there's nothing worse than driving down the road and seeing someone swigging a can of beer", said Ann Seymour of Mothers Against Drunk Driving (MADD). The toll that drunk driving exacts on the families of victims is incalculable: the loss of a loved one to a reckless drunk is too horrible a possibility for most of us to imagine. Driving while intoxicated is, quite properly, treated as a serious crime in every state of the union. One does not quarrel with the severity of driving under the influence (DUI) or driving while intoxicated (DWI) laws.