Drunk driving law by country

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The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content. For example, the legal BAC for driving in Bahrain is 0, despite drinking alcohol being allowed, in practice meaning that any alcohol level beyond the limit of detection will result in penalties. The highest specific threshold is 0.08% in countries such as Ghana and England, while other countries such as Niger have no limits or laws on blood alcohol content. Penalties vary and may include fines, imprisonment, suspension of one's driver's license, vehicle impoundment or seizure, and mandatory training or education.

Contents

According to WHO data from 2018, the following countries had no legal limit for drinking and driving: Antigua and Barbuda, Barbados, Burundi, Comoros, Gambia, Grenada, Guatemala, Guinea-Bissau, Indonesia, Liberia, Marshall Islands, Niger, Saint Vincent and the Grenadines, Sao Tome and Principe, Senegal, Sierra Leone, South Sudan, Syrian Arab Republic and Togo. [1]

Countries with total bans for all people

According to WHO data from 2018, the following countries had total bans of alcohol for all types of drivers (Young/novice drivers, commercial drivers): Afghanistan, Maldives, Mauritania, Saudi Arabia, Somalia, Sudan, Yemen. [1]

Africa

The following is a list of the legal blood alcohol content (BAC) limits for drivers in each African country:

Americas

North America

Canada

  • Canada: Depends on province, 0.04–0.08% BAC by mass [8]

The Criminal Law Amendment Act, 1968–69 made it illegal to drive with a BAC in excess of 80 mg/100 mL of blood. Refusal of a police officer's demand to provide a breath sample was made an offence at the same time and both began as summary conviction offenses, with a maximum fine of up to $5000 and up to six months imprisonment. [9] [10] Many provinces have administrative penalties related to drunk driving. [11] These penalties include immediate driver's licence suspensions and heavy fines. These penalties are often imposed for blood-alcohol concentrations exceeding 40 or 50 mg/dL. [12]

There is a zero-tolerance policy for new drivers undergoing graduated licensing in Ontario, British Columbia, [13] Newfoundland and Labrador and Alberta; [14] drivers under the age of 22 in Manitoba, New Brunswick, Northwest Territories, Nova Scotia, Ontario, [15] Saskatchewan and in Quebec receive a 30-day suspension and 7-day vehicle seizure. [16] Drivers in Alberta who are in the graduated licensing program, regardless of age, are subject to the same 30-day/7-day suspensions/seizure policy. [17]

Mexico

  • Mexico: 0.04–0.10% [18]

United States

A 1937 poster warns U.S. drivers about the dangers of mixing alcohol and driving. Don't Mix 'Em 1937.jpg
A 1937 poster warns U.S. drivers about the dangers of mixing alcohol and driving.

Under the laws of the United States, it is unlawful to drive a motor vehicle when the ability to do so is materially impaired by the consumption of alcohol or other drugs, including prescription medications. For impaired driving charges involving the consumption of alcohol, the blood alcohol level at which impairment is presumed is 0.08, although it is possible to be convicted of impaired driving with a lower blood alcohol level. [19] Some states define two impaired driving offenses. [20]

  1. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI), [21] operating under the influence (OUI), or operating while intoxicated/impaired (OWI).
  2. The second and more recent is the so-called illegal per se offense of driving with a blood alcohol concentration (BAC) by volume (mass of alcohol/volume of blood) of 0.08% (previously 0.10%) or higher.

The first offense requires proof of intoxication, although evidence of BAC is admissible as rebuttably presumptive evidence of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused may potentially be convicted of both offenses as a result of a single incident, but may only be punished for one. [22] The differences between state penalties still varies. Wisconsin, for instance, is the only state that continues to treat first offense drunk driving arrests as forfeiture. [23]

The aftermath of a drunk driving car crash is simulated as part of an anti-drunk driving campaign for California high school students. Nevadaunion.jpg
The aftermath of a drunk driving car crash is simulated as part of an anti-drunk driving campaign for California high school students.

Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to drivers under the age of 21. All states and DC also now have zero tolerance laws: the license of anyone under 21 driving with any detectable alcohol in their bloodstream (BAC limits of 0.01% or 0.02% apply in some states, such as Florida) will be suspended. In 2009, Puerto Rico joined these states, setting a limit of 0.02 for drivers under 21, despite maintaining a legal drinking age of 18. [24]

The blood alcohol limit for commercial drivers is 0.04%. [25] Pilots of aircraft may not fly within eight hours of consuming alcohol, while under the impairing influence of alcohol or any other drug, or while showing a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood. [26]

Utah became the first U.S. state to lower the legal limit to .05% BAC by volume on 24 March 2017. The law went into effect on 30 December 2018. [27] The bill's passage, HB155, was controversial in the state. A poll published on 29 July 2017 found 50 percent of Utahns supported the new law, but 47 percent opposed it.

In most states, the timing of the chemical test for suspected drunk driving is important because the law mandates a result within a given time period after the driving stopped, usually two hours.[ citation needed ]

In some states, an intoxicated person may be convicted of a DUI in a parked car if the individual is sitting behind the wheel of the car. [28] In some jurisdictions, the occupant of a vehicle might be charged with impaired driving even if sleeping in the back seat based on proof of risk that the occupant would put the vehicle in motion while intoxicated. [29] Some states allow for a charge of attempted DUI if an officer can reasonably infer that the defendant intended to drive a vehicle while impaired. [30]

Some states such as Massachusetts and Texas, have judicial guidelines requiring a mandatory minimum sentence for repeat offenders or for DUI/DWI offences with enhancements like an open container. The strictest states like Washington even have mandatory minimum penalties for first-time offenders. [31] Repeated impaired driving offenses or an impaired driving incident that results in bodily injury to another may trigger more significant penalties, and potentially trigger a felony charge. [32] Many states in the US have adopted truth in sentencing laws that enforce strict guidelines on sentencing, differing from previous practice where prison time was reduced or suspended after sentencing had been issued. [33]

Caribbean

Central America

South America

Asia

Central Asia

East Asia

South Asia

Southeast Asia

Western Asia

Europe

Map of Europe showing countries' blood alcohol limits as defined in g/dl for the general population. Colour might be inaccurate for Cyprus in 2019. Map of European countries by maximum blood alcohol level.svg
Map of Europe showing countries' blood alcohol limits as defined in g/dl for the general population. Colour might be inaccurate for Cyprus in 2019.

Note: Zero usually means below detection limit.

United Kingdom

Novelty "Breathalyser 'pint'" beer glass, about 2 inches tall, dating from around the time of the introduction of breathalysers in the United Kingdom, in 1967 Breathalyser 'pint' glass - 2023-03-27 - Andy Mabbett.jpg
Novelty "Breathalyser 'pint'" beer glass, about 2 inches tall, dating from around the time of the introduction of breathalysers in the United Kingdom, in 1967

In Britain the practice is called "drink driving". In British law it is a criminal offence to be drunk in charge of a motor vehicle. The definition of "in charge" depends on such things as being in or near the vehicle, and having access to a means of starting the vehicle's engine and driving it away (i.e., the keys to a vehicle). Someone over the limit in a passenger seat can also be prosecuted if the police believe they had been driving or are able to show that there was a likelihood of them driving. [137] This offence requires an objective measurement of fitness (or otherwise) to drive and is not often prosecuted.

There is also a "prescribed limit" offence of driving a motor vehicle with excess alcohol in the body above the prescribed limit. There are different prescribed limits in different jurisdictions within the United Kingdom. In England and Wales, and in Northern Ireland, the prescribed limit is 35 micrograms of alcohol per 100 millilitres of expired alveolar breath (or 80 milligrams of alcohol per 100 millilitres of blood): in Scotland, however, the prescribed limit is only just over half of this, i.e. 22 micrograms of alcohol per 100 millilitres of expired alveolar breath (or 50 milligrams of alcohol per 100 millilitres of blood).

The UK's drug driving laws were amended in 2015. The changes included a new roadside testing kit, which could detect the presence of cocaine and cannabis in a suspect's saliva and zero tolerance limits for a number of illegal drugs. Limits were also set for certain prescription medications. The laws, however, did not end the use of the field impairment test, but made them more relevant for determining driver impairment by those drugs that are not now covered by the new legislation, or cannot be identified by the limited use of a device, that currently are only authorised for cannabis and cocaine. [138] [139]

It is an offence to refuse to provide a specimen of breath, blood or urine for analysis. The penalties for refusing are the same as those for actual drunk driving. The request to take a screening breath test must be made by a police officer in uniform, but can only be made if one of the following situations apply:

  1. the police officer has reasonable cause to suspect that the driver has committed, or is committing, a moving traffic offence, or
  2. if, having stopped, an officer has reasonable cause to suspect that the person driving/attempting to drive/in charge of the vehicle has consumed alcohol, or
  3. the police officer has reasonable cause to believe that the person is or was driving/attempting to drive/in charge of a motor vehicle when it was involved in an accident. [140]

The offence of driving whilst under the influence of alcohol is one to which there is no defence, as such (although defences such as duress or automatism, which are not specific to the offence of driving with excess alcohol, may apply in certain rare circumstances). However, it may be possible to argue that special reasons exist which are such that the offender should not be disqualified from driving despite having committed the offence. Special reasons are notoriously difficult to establish, and the burden of proof is always upon the accused to establish them. Such reasons may include:

Magistrates' sentencing guidelines

In England and Wales, when drink driving offenders appear before a magistrates' court, the magistrates have guidelines they refer to before they decide on a suitable sentence to give the offender. These guidelines are issued by the Sentencing Guidelines Council [141] and cover offences for which sentence is frequently imposed in a magistrates' court when dealing with adult offenders. Offences can either be tried summarily, which means they can only be heard in the magistrates' court, or they can be an "either way" offence which means magistrates may find their sentencing powers are insufficient and indict the case to a higher Crown Court. The majority of drunk driving offences are summary-only offences which can only be tried in a magistrates' court. The most serious offences, such as a collision with death or injury, must be indicted to Crown Court.

In the UK, driving or attempting to drive whilst above the legal limit of 0.08% BAC in England, Wales and Northern Ireland, and 0.05% BAC in Scotland or unfit through drink carries a maximum penalty of six months' imprisonment, a fine of up to £5,000 and a minimum twelve months' disqualification. For a second offence committed within ten years of conviction, the minimum ban is three years. Being in charge of a vehicle whilst over the legal limit or unfit through drink could result in three months' imprisonment plus a fine of up to £2,500 and a driving ban. Causing death by careless driving when under the influence of alcohol or other drugs carries a maximum penalty of fourteen years in prison, an unlimited fine, a minimum two-year driving ban, and a requirement to pass an extended driving test before the offender is able to drive legally again. [142] In theory, the fine is means-tested and based on disposable income. [143] A person must be disqualified from driving post-conviction for drink driving for a minimum of 12 months, and will usually receive a fine or imprisonment. [144]

As with England and Wales, road traffic law in Scotland is in the main framed within the Road Traffic Act 1988 as amended. Prosecution and disposal of drink-drive offences is broadly similar to England and Wales with less serious cases prosecuted on complaint through the sheriff summary courts. Cases involving aggravations, life-changing or fatal injuries are prosecuted on indictment via the sheriff solemn or high court. As with most UK-wide legislation, the penalties and sentencing guidelines for drink driving in Scotland mirror those in effect in England and Wales.

Oceania

Australia

Road laws are state or territory based, but all states and territories have set similar rules. In particular, alcohol must never exceed 0.05g of alcohol in every 100ml of blood; limits for certain categories of drivers are lower, differing in different states.

Australian laws allow police officers to stop any driver and perform a random breath test or drug test without reason. Roadblocks can be set up just about anywhere (for example, leading out of town centres on Friday and Saturday nights and after football matches or other major events), where every single driver may be randomly breath-tested. People found to have excessive alcohol or any banned substances are taken to a police station for further analysis. Those over 0.08% will receive an automatic disqualification of their licence and must appear in court. [146] This differs from UK and US laws where police generally need a reason to suspect that the driver is intoxicated before requesting a breath or sobriety test. It is an offence in Australia to refuse to provide a sample of breath when required to, with severe penalties, including prison. [147]

Australian Capital Territory

  • Zero for drivers or riders holding a learners, provisional, restricted or probationary licence and for drivers operating heavy vehicles over 15t GVM or driving a public vehicle for hire or reward (for example taxi and bus drivers) [148]
  • 0.05% for all other drivers

New South Wales

  • Zero for learner and provisional licences [145]
  • 0.02% for drivers of vehicles of "gross vehicle mass" greater than 13.9 tonnes, vehicles carrying dangerous goods or public vehicles such as a taxi or bus
  • 0.05% for all other drivers

Northern Territory

  • Zero for provisional (probationary) license holders and all motorcyclists
  • 0.05% for all other drivers

Queensland

  • Zero for the drivers of trucks, buses, articulated vehicles, vehicles carrying dangerous goods, pilot vehicles, taxis, all learner drivers and provisional drivers and RE class licensed motorcyclists in their first twelve months. [149]
  • 0.05% for other drivers

South Australia

  • Zero for learner, provisional, probationary, heavy (greater than fifteen tonnes) vehicle, taxis, licensed chauffeured vehicles, dangerous goods, and bus licenses.
  • 0.05% for all other drivers

Tasmania

  • Zero for learner, provisional, truck, bus, and taxi licences
  • 0.05% for all other drivers

Victoria

  • Zero for unlicensed drivers, holders of learner permits and probationary licences, "professional" drivers, and certain relicensed drunk-drivers.
  • 0.05% for all other drivers.

There are also other restrictions for drivers in Victoria:

  • Limits apply within three hours of driving - that is, police can require a person to submit to an alcohol or drugs test within three hours of driving and it is an offence to fail that test, unless the drug or alcohol use occurred after driving (see Road Safety Act 1986, ss. 49, 53 and 55E).
  • Licences cancelled for certain serious drink-driving offences may only be reissued after obtaining a court order. This is the case for repeat offenders, and first offenders above 0.15%. In such cases, the relicensed driver is subject to a 0 limit for three years following relicensing, or for as long as the person is required to use an alcohol interlock.
  • Alcohol interlocks must be imposed whenever a repeat drunk-driver is relicensed.
  • A court also has discretion to impose an alcohol interlock when relicensing a first offender in certain serious cases, generally when the offence involves a BAC by mass of 0.15% or higher.
  • The law requires interlocks to be used for certain minimum periods, but the requirement to use an interlock does not automatically end at the completion of the minimum period. Once that period has expired, an individual may apply to a court to have the interlock condition removed from their driver's licence. The State Police must be given notice of the application and may make submissions to the court on whether the interlock condition should be removed. The court will also take into account data recorded by the interlock itself (e.g., whether any attempts were made to start the vehicle by a person who had been drinking).
  • Driving without an interlock when one is required carries severe penalties, including imprisonment.
  • If a doctor treats any patient not under fifteen years of age as a result of a motor vehicle crash, the patient must allow the doctor to take a blood sample for testing for alcohol and drug content in a way that preserves the chain of evidence. If this process is skipped the doctor may not be able to discover the alcohol blood level. The results can be used as evidence in subsequent court proceedings.
  • The law allows a police officer to require any driver (or any person who has driven a vehicle within the last three hours) to perform a random saliva test for methamphetamine, cannabis and MDMA, all of which are subject to a zero limit (per Road Safety Act 1986: ss. 49, 55E & 55D)

Western Australia

  • Zero for learner and probationary licence-holders and persons convicted of driving under the influence or failing to comply with a request for breath, blood or urine (for three years after the offense).
  • 0.05% for all other drivers.

Driving with 0.15% BAC by mass and above (legally defined as Drunk Driving) is a distinct offence from having over 0.08% but under 0.15% BAC, and is subject to heavier penalties. Persistent offenders may be barred from driving for terms up to and including life, and may be imprisoned.

The law allows a police officer to require any driver to perform a random saliva test for methamphetamine, cannabis or MDMA, all of which are subject to a zero limit.

New Zealand

New Zealand operates a program called Compulsory Breath Testing, which allows police to stop motorists at any time without having any reason to do so. CBT is carried out at roadside checkpoints and by mobile patrols. The police also carry out roadside drug tests upon motorists they suspect have used drugs. [150]

The system in New Zealand is age-based. [151] The limits are:

The penalties for exceeding the limits are:

Drivers convicted of excess breath alcohol may be required to gain a zero-limit license.[ citation needed ]

Note that penalties apply to the lowest reading taken across both breath and blood tests. For example, if a driver twenty years or over has a breath test result of 426 μg/L but a subsequent blood test returns 0.077% BAC, then the driver is not charged with any drink driving offense despite the breath reading being over the breath alcohol limit. The penalty for injuring or killing someone when under the influences is the same as dangerous driving (up to ten years' imprisonment, up to NZ$20,000 or both, and loss of license for one year or more). [153]

Other countries in Oceania

See also

References

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