Legislative Actions Against Drunken Driving: An Assessment with Additional Evidence on the Open Container

Abstract

With drunken driving as one of the major social problems of the 1980's, legislatures have attempted to resolve the issue through one, or all of three forms of legislation. First, the application of deterrence through more severe penalties has been tried in many states with little success. Second, under pressure from the federal government states have raised the legal minimum age limit for drinking in anticipation of decreases in the number of alcohol related traffic accidents and fatalities. The research on this solution also remains equivocal. Third, many states have passed open container laws in the anticipation of reductions in drunken driving. This final alternative has no research behind it and, thus, is a reaction based on faith. Because of lack of research on the open container, this study examines survey responses to both drunken driving and open container self-report questions. According to findings, the presence of an open container in a vehicle was strongly associated with both the experiences of being with a drunken driver and of driving while drunk. Previous research indicates that continued drinking during driving escalates motor impairment, thus increasing the possibility of drunken driving. The legislative avenue of prohibiting open containers may show at least as much promise in the fight against drunken driving as either deterrence or increasing the minimum drinking age.