Drunk driving law by country
Encyclopedia
East AsiaEast AsiaEast Asia or Eastern Asia is a subregion of Asia that can be defined in either geographical or cultural terms...
- ChinaChinaChinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
: 0.02% (CNY 200–500 fine, 1–3 months license suspension); 0.08% (up to 15 days prison, 3–6 months license suspension, CNY 500-2000 fine) Ministry of Public Safety
Beginning May 1, 2011, Chinese law now mandates a penal detention up to 6 months for any person convicted of drunken driving. (In China, penal detention is a criminal punishment similar to, but less severe than, imprisonment.)
- Hong KongHong KongHong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
: 0.05% or BrAC 0.22 mg/L or urine 0.067%. Driving under the influence of alcohol beyond legal limit is punishable with a monetary fine and up to three years imprisonment, with 10 driving-offense points and mandatory Driving Improvement Course. - JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
: 0.03% (BrAC 0.15 mg/L) - Republic of Korea: 0.05%
- TaiwanTaiwanTaiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
: 0.05% (BrAC 0.25 mg/L)
Over 0.05% but under 0.11%: TWD 15,000 to 60,000 fine, and license suspension for 1 year.
0.11% and above: license suspension for 1 year, and charge of offences against public safety with possible prison sentence up to 1 year as the maximum penalty. If the driver is convicted of causing accidents, the penalty shall be increased by half.
If the driver causes serious injuries or death, the license will be suspended for life.
South AsiaSouth AsiaSouth Asia, also known as Southern Asia, is the southern region of the Asian continent, which comprises the sub-Himalayan countries and, for some authorities , also includes the adjoining countries to the west and the east...
- PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
: Alcohol is banned. - IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
: 0.03%. If Suspected by Police, Driver will be taken to Moffusil Police Stations and tested using Breath Analyzer.In Most Towns and Cities, Police Carry Breath Analyzers. - NepalNepalNepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
: 0.03% - Sri LankaSri LankaSri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
: 0.06% - Breathalyzer testing is not used routinely. If suspected by police the driver is produced before the closest government medical officer who examines and determines whether the driver is under influence. If the driver refuses examination by the medical officer he is considered to have been under influence by default.
Southeast AsiaSoutheast AsiaSoutheast Asia, South-East Asia, South East Asia or Southeastern Asia is a subregion of Asia, consisting of the countries that are geographically south of China, east of India, west of New Guinea and north of Australia. The region lies on the intersection of geological plates, with heavy seismic...
- CambodiaCambodiaCambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
: 0.05% - LaosLaosLaos Lao: ສາທາລະນະລັດ ປະຊາທິປະໄຕ ປະຊາຊົນລາວ Sathalanalat Paxathipatai Paxaxon Lao, officially the Lao People's Democratic Republic, is a landlocked country in Southeast Asia, bordered by Burma and China to the northwest, Vietnam to the east, Cambodia to the south and Thailand to the west...
: .80mgs per 100ml of blood - Malaysia: 0.05%
- PhilippinesPhilippinesThe Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
: 0.05% - SingaporeSingaporeSingapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
: 0.08% or BrAC: 35 microgrammes of alcohol per 100ml of breath, strictly enforced. - ThailandThailandThailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
: 0.05% - IndonesiaIndonesiaIndonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
: No Limit - VietnamVietnamVietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
: No Limit
Western Asia
- ArmeniaArmeniaArmenia , officially the Republic of Armenia , is a landlocked mountainous country in the Caucasus region of Eurasia...
: Zero - AzerbaijanAzerbaijanAzerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...
: Zero - GeorgiaGeorgia (country)Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...
: 0.03% - IranIranIran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
: No limit, alcohol is banned. - IsraelIsraelThe State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
: 0.05% - JordanJordanJordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
: Zero - Breathalyzer testing is not routinely used. If suspected by police the driver is produced before the closest government medical officer who examines and determines whether the driver is under influence. - KuwaitKuwaitThe State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
: No limit, alcohol is banned. - Saudi ArabiaSaudi ArabiaThe Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
: No limit, alcohol is banned.
AfricaAfricaAfrica is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
- AngolaAngolaAngola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...
: No limit - AlgeriaAlgeriaAlgeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
: 0.01% - BeninBeninBenin , officially the Republic of Benin, is a country in West Africa. It borders Togo to the west, Nigeria to the east and Burkina Faso and Niger to the north. Its small southern coastline on the Bight of Benin is where a majority of the population is located...
: 0.05% - Cape VerdeCape VerdeThe Republic of Cape Verde is an island country, spanning an archipelago of 10 islands located in the central Atlantic Ocean, 570 kilometres off the coast of Western Africa...
: 0.08% - Central African RepublicCentral African RepublicThe Central African Republic , is a landlocked country in Central Africa. It borders Chad in the north, Sudan in the north east, South Sudan in the east, the Democratic Republic of the Congo and the Republic of the Congo in the south, and Cameroon in the west. The CAR covers a land area of about ,...
: 0.08% - ComorosComorosThe Comoros , officially the Union of the Comoros is an archipelago island nation in the Indian Ocean, located off the eastern coast of Africa, on the northern end of the Mozambique Channel, between northeastern Mozambique and northwestern Madagascar...
: No Limit - CongoDemocratic Republic of the CongoThe Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...
: No limit - EgyptEgyptEgypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
: 0.05% - Equatorial GuineaEquatorial GuineaEquatorial Guinea, officially the Republic of Equatorial Guinea where the capital Malabo is situated.Annobón is the southernmost island of Equatorial Guinea and is situated just south of the equator. Bioko island is the northernmost point of Equatorial Guinea. Between the two islands and to the...
: Zero - EritreaEritreaEritrea , officially the State of Eritrea, is a country in the Horn of Africa. Eritrea derives it's name from the Greek word Erethria, meaning 'red land'. The capital is Asmara. It is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast...
: Zero - EthiopiaEthiopiaEthiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
: No limit - The GambiaThe GambiaThe Republic of The Gambia, commonly referred to as The Gambia, or Gambia , is a country in West Africa. Gambia is the smallest country on mainland Africa, surrounded by Senegal except for a short coastline on the Atlantic Ocean in the west....
: Zero - GhanaGhanaGhana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...
: 0.08% - GuineaGuineaGuinea , officially the Republic of Guinea , is a country in West Africa. Formerly known as French Guinea , it is today sometimes called Guinea-Conakry to distinguish it from its neighbour Guinea-Bissau. Guinea is divided into eight administrative regions and subdivided into thirty-three prefectures...
: Zero - Guinea-BissauGuinea-BissauThe Republic of Guinea-Bissau is a country in West Africa. It is bordered by Senegal to the north, and Guinea to the south and east, with the Atlantic Ocean to its west....
: 0.05% - KenyaKenyaKenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
: 0.08% - MalawiMalawiThe Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...
: Zero - MauritiusMauritiusMauritius , officially the Republic of Mauritius is an island nation off the southeast coast of the African continent in the southwest Indian Ocean, about east of Madagascar...
: 0.05% - NamibiaNamibiaNamibia, officially the Republic of Namibia , is a country in southern Africa whose western border is the Atlantic Ocean. It shares land borders with Angola and Zambia to the north, Botswana to the east and South Africa to the south and east. It gained independence from South Africa on 21 March...
: 0.05% - NigerNigerNiger , officially named the Republic of Niger, is a landlocked country in Western Africa, named after the Niger River. It borders Nigeria and Benin to the south, Burkina Faso and Mali to the west, Algeria and Libya to the north and Chad to the east...
: 0.08% - NigeriaNigeriaNigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
: Zero - SeychellesSeychellesSeychelles , officially the Republic of Seychelles , is an island country spanning an archipelago of 115 islands in the Indian Ocean, some east of mainland Africa, northeast of the island of Madagascar....
: 0.08% - South AfricaSouth AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
: 0.05% and 0.02% for professional drivers (trucks over 3.5 tonnes, and vehicles carrying passengers for reward) National Road Traffic Act, 1996 - TogoTogoTogo, officially the Togolese Republic , is a country in West Africa bordered by Ghana to the west, Benin to the east and Burkina Faso to the north. It extends south to the Gulf of Guinea, on which the capital Lomé is located. Togo covers an area of approximately with a population of approximately...
: 0.042% - UgandaUgandaUganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
: 0.08% - TanzaniaTanzaniaThe United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...
: 0.05% - ZambiaZambiaZambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
: 0.08%
CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
- CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
: 0.05-0.08%
The Criminal Law Amendment Act, 1968-69
Criminal Law Amendment Act, 1968-69
The Criminal Law Amendment Act, 1968-69 was an omnibus bill that introduced major changes to the Criminal Code of Canada. It was introduced as Bill C-150 by then Minister of Justice Pierre Trudeau in the second session of the 27th Canadian Parliament on December 21, 1967...
made it a per se
Illegal per se
The term illegal per se means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of scienter or other defenses...
offence to drive with a blood alcohol content
Blood alcohol content
Blood alcohol content , also called blood alcohol concentration, blood ethanol concentration, or blood alcohol level is most commonly used as a metric of alcohol intoxication for legal or medical purposes....
(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 offence
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
s, with a mandatory minimum $
Canadian dollar
The Canadian dollar is the currency of Canada. As of 2007, the Canadian dollar is the 7th most traded currency in the world. It is abbreviated with the dollar sign $, or C$ to distinguish it from other dollar-denominated currencies...
50 fine.
Driving under the influence of alcohol is a generic term for a series of offences under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
. The main offences are operating a motor vehicle while the ability to do so is impaired by alcohol or a drug, contrary to section 253(a) of the Canadian Criminal Code, and operating a motor vehicle while having a blood alcohol concentration of greater than 80 milligrams of alcohol in 100 millilitres of blood, contrary to section 253(b) of the Criminal Code. See Criminal Code Sections 253 to 259
Both offences can be committed by a person who is actually operating or driving a motor vehicle, vessel, aircraft, or railway equipment or by a person who has care or control of such a vehicle. Care or control includes actual care or control and presumed care or control section 260(1)(a) where the person occupies the driver's seat. The latter is often the case where police find an individual sleeping behind the wheel.
The offences are usually investigated by the police coming across a driver with either an erratic driving pattern or who has been pulled over. The police may immediately have grounds to arrest for impaired driving and make an approved instrument demand under section 254(3). Those grounds are based on various indicia of impairment. If the police merely have a suspicion of alcohol in the individual's body, they may make a demand under section 254(2) requiring the driver to give a sample of his or her breath into an approved screening device
Approved screening device
An approved screening device is a device used to measure the blood alcohol level of a suspected drunk driver. It is defined in the Criminal Code of Canada as: approved screening device means a device of a kind that is designed to ascertain the presence of alcohol in the blood of a person and that...
, which will determine the driver's blood-alcohol concentration on a preliminary, non-evidentiary basis. Based on the screening device results, if the police believe on reasonable and probable grounds that the driver is committing an offence under section 253 of the Criminal Code, the police can demand that the driver go to the police station to give samples of his or her breath for an approved instrument
Approved instrument
The expression approved instrument is a Canadian term defined in the Criminal Code of Canada as: approved instrument means an instrument of a kind that is designed to receive and make an analysis of a sample of the breath of a person in order to measure the concentration of alcohol in the blood of...
test, which would be used to prosecute the driver for over 80 milligrams of alcohol in 100 millilitres of blood.
The minimum punishments for impaired driving and driving over 0.08% are:
- For the first offence: $1,000 fine, 1-year driving prohibition;
- For the second offence: 30 days jail, 2-year driving prohibition
- For the third or subsequent offence: 120 days jail, 3-year driving prohibition.
In addition to the federal criminal laws, all provincial governments have enacted their own measures against impaired driving. Such laws complement the federal laws (part of the double aspect
Double aspect
Double aspect is a legal doctrine in Canadian constitutional law that allows for laws to be created by both provincial and federal governments in relation to the same subject matter. Typically, the federalist system assigns subject matters of legislation to a single head of power...
doctrine of Canadian constitutional law). Some provinces will suspend a driver's license upon him or her being charged with impaired driving, rather than being convicted. Some provinces will automatically impose a licence suspension that runs longer than the driving prohibition handed down by the court. Provincial and federal driving prohibitions run concurrently if imposed for the same offence(s)at the same time.
In Ontario, a person convicted of a DUI must also complete an 8 month training course and install an ignition interlock device for a period of one year after the licence suspension. Jail time can be imposed for any first time Criminal Code drinking and driving offence. Jail is appropriate where there is an accident and/or the readings are high. Readings above 160 mg/100mLs are an aggravating circumstance. Jail is the minimum punishment for second and third offences.
Foreigners with recent (in the past 5 years) drunk-driving criminal convictions are generally refused entry at the border. Canada's Immigration Act section 36 considers any foreign drinking and driving outstanding charge or conviction as an Indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
unless a prosecutor has chosen to proceed by summary conviction.
On January 27, 2001, Andrei Knyazev, a Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
n diplomat
Diplomat
A diplomat is a person appointed by a state to conduct diplomacy with another state or international organization. The main functions of diplomats revolve around the representation and protection of the interests and nationals of the sending state, as well as the promotion of information and...
in Canada killed a Canadian woman while drinking and driving. He was imprisoned in Russia. This incident triggered a crackdown on drunk driving by diplomats in Canada.
On Dec 15, 2005, Charly Hart of Watford, Ontario, a man with a 35-year history of impaired driving which included thirty-nine convictions, was on the occasion of his latest such conviction sentenced to six years in prison, the most severe penalty ever handed down in Canada when the offence did not involve a fatality, and the maximum sentence permitted under the law.
MexicoMexicoThe United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
- MexicoMexicoThe United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
: 0.08%
Foreigners with recent (in the past 10 years) drunk-driving criminal convictions are generally refused entry at the border. Mexico's Immigration Act section 36 considers any foreign drinking and driving outstanding charge or conviction as an Indictable offense (similar to a felony).
United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
- United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
: 0.08%
Some states now have two statutory offenses. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI) or operating while intoxicated/impaired (OWI). The second and more recent is the so-called illegal per se
Illegal per se
The term illegal per se means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of scienter or other defenses...
offense of driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher. In most states, the timing of the chemical test is important because the law mandates a result within a given time period after the driving stopped, usually two hours. 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 be convicted of both offenses, but may only be punished for one. The differences between state penalties still wavers. Wisconsin, for instance, is the only state that continues to treat first offense drunk driving arrests as forfeiture.
It is also a criminal offense in all states to drive a vehicle while under the influence of drugs DUID
DUID
DUID is the acronym that stands for Driving Under the Influence of Drugs. It is akin to DUI or DWI for driving under the influence of alcohol or driving while intoxicated....
, or under the combined influence of alcohol and drugs; the drugs themselves need not be illegal, but can be prescription or even over-the-counter. In some states, the effects of some herbal remedies (such as Kava Kava extract) fall into this category. Several states also have enacted statutes to create a DUI offense by virtue of huffing noxious fumes, such as glue sniffing or inhaling similar volatile chemical fumes. http://www.inhalants.org/laws.htm. DUI-impairment statutes require that violations be supported by evidence of impairment as a result of the drugs or drugs and alcohol, or by any noxious vapors. Some states have recently passed laws making driving with the mere presence of certain drugs (such as marijuana or its metabolites) a criminal offense. These new statutes are sometimes referred to as DUI-drugs per se statutes.
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
Zero tolerance
Zero tolerance imposes automatic punishment for infractions of a stated rule, with the intention of eliminating undesirable conduct. Zero-tolerance policies forbid persons in positions of authority from exercising discretion or changing punishments to fit the circumstances subjectively; they are...
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.
The blood-alcohol limit for commercial drivers is 0.04%. Commercial drivers are also subject to stricter punishments for exceeding the blood-alcohol limit. According to the NHTSA, "Drivers are considered to be alcohol-impaired when their blood alcohol concentration (BAC) is .08 grams per deciliter (g/dL) or higher. Thus, any fatality occurring in a crash involving a driver with a BAC of .08 or higher is considered to be an alcohol-impaired-driving fatality. The term “driver” refers to the operator of any motor vehicle, including a motorcycle."
Pilots of aircraft may not fly less than eight hours after 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.
The various versions of "driving under the influence" generally constitute a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
(punishable by up to one year in jail). However, the offense may be elevated to a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
(punishable by a longer term in state prison) if the incident caused serious injury (felony DUI), death (vehicular manslaughter or vehicular homicide), or extensive property damage (a state specified dollar amount) or if the defendant has a designated number of prior DUI convictions within a given time period (commonly, 3 prior convictions within 7 years). California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, which is being followed by a growing number of states, now charges second-degree murder where the legal state of mind of malice exists—that is, where the defendant exhibited a reckless indifference to the lives of others.
CaliforniaCaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
A California DUI arrest triggers two separate cases–one in court and another at the California Department of Motor Vehicles (DMV). The criminal case typically involves two different counts. The first, under California Penal Code section 23152(a), is driving under the influence of alcohol, which is commonly known as the "a" count. The second offense, under California Penal Code section 23152(b), is a related charge of driving with a blood alcohol content (BAC) of .08 percent or greater–the "b" count. The second charge is the one that triggers the California Department of Motor Vehicles DUI case, where the California DMV will attempt to suspend the motorist's driving privileges.
Drivers convicted of DUI criminal court face substantial punishment that can include fines, jail time, probation, alcohol education school, and a driver's license suspension that separate from the one imposed after a lost DMV hearing. The amount of punishment depends on the facts of the case, including how many prior DUI convictions the driver has.
California DUI convictions count as prior offenses for 10 years, meaning that drivers who are arrested for DUI within a decade of a prior drunk driving offense will be charged with a repeat offense. If more than 10 years has passed since a prior DUI arrest, a subsequent drunk driving offense will be charged as a first offense. The time period is measured from arrest date to arrest date.
Anyone arrested for DUI in California must request a DMV hearing within 10 days or have their driver's license automatically suspended. The California DMV hearing that follows a DUI arrest is a civil matter, not a criminal case, so there is a much lower standard of proof than in criminal court. Whereas in criminal court guilt must be proven beyond a reasonable doubt, at the DMV the standard of proof is by a "preponderance of the evidence," which is often described as "50 percent plus a feather." This means that the DMV hearing officer must only establish that it's more likely than not that the driver violated California DUI laws.
The hearing officer at a California DMV hearing acts as both judge and prosecutor. The issues at hand will depend on whether the driver took a chemical test to determine the blood alcohol content, or BAC. If the driver took a breath or blood test to determine the BAC, the DMV hearing officer will seek to establish three facts - whether police had probable cause to arrest the driver, whether the arrest was lawful, and whether the driver had a BAC of .08 percent or greater in violation of California law. If the driver is accused of refusing a chemical test, the hearing officer will seek to establish whether the driver was properly advised of the consequences of refusing the test, and whether he or she continued to refuse after receiving that warning.
Drivers who lose their DMV hearings following a California DUI arrest face substantial driver's license suspensions. The length of the driver's license suspension depends on how many prior DUI arrests the driver has and whether or not a chemical test was taken. For example, a first-time DUI arrest where the driver took a chemical test will result in a four-month suspension, while a first-time arrest with a chemical test refusal will result in a one-year driver's license suspension.
DUI Investigation
One of three things must happen to trigger a DUI investigation: There must be an observed violation of the law, a driving pattern so suggestive of driving under the influence of alcohol or drugs so as to provide a reasonable suspicion that a crime has taken place, or a lawful roadblock or checkpoint.
One reason drivers are stopped on suspicion of DUI is because of driving patterns such as weaving, driving too slowly, or rapid braking or acceleration. Some of the most common reasons police stop drivers, such as speeding, aren’t recognized as DUI driving patterns by the National Highway Traffic Safety Administration.
Administrative License Suspension (ALS)
- Law enforcement officers conduct Field Sobriety Tests (FSTs), including the use of portable breath analyzers (PBAs) for the purposes of determining if probable cause exists for an arrest. Until an arrest has been made, a motorist is under no obligation to perform any test. Most states consider such a pre-arrest refusal inadmissible in court.
- Depending on previous offenses or refusals, licenses may be automatically suspended for a period of 90 days to five years, or permanently revoked for multiple DWI convictions (ConnecticutConnecticutConnecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
). - As of 2010, only eight states did not have ALS laws: Kentucky, Michigan, Montana, New Jersey, Pennsylvania, Rhode Island, South Dakota and Tennessee.
An SR-22 is an official documentation required to redeem a suspended drivers license and get a car registered at the local Department of Motor Vehicles (DMV). A SR22 Filing is a form issued by an insurance company which removes a suspension order placed by the DMV's office on an individual's driving privilege. The most common reason for an SR22 filing is an arrest for Driving Under Intoxication (DUI) or Driving While Intoxicated (DWI). The filing provides a guarantee to the state that an insurance company has issued at least minimum liability coverage for the person making that filing and that the insurance company will notify the DMV should the insurance ever lapse for any reason.
- Drivers in the state of FloridaFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
who are not lawfully arrested with reasonable cause by a law enforcement officer, DO NOT have to submit to any "on the spot" chemical or physical alcohol testing. - In Arizona, a refusal to submit to a chemical test often results in the police obtaining a search warrant and, if necessary, forcibly taking the suspect's blood.
CaribbeanCaribbeanThe Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
- CubaCubaThe Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
: Zero - 0.01% - Dominican RepublicDominican RepublicThe Dominican Republic is a nation on the island of La Hispaniola, part of the Greater Antilles archipelago in the Caribbean region. The western third of the island is occupied by the nation of Haiti, making Hispaniola one of two Caribbean islands that are shared by two countries...
: Zero (0.05% for professional drivers) - JamaicaJamaicaJamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
: 0.035% - Bahamas: 0.08%
Central AmericaCentral AmericaCentral America is the central geographic region of the Americas. It is the southernmost, isthmian portion of the North American continent, which connects with South America on the southeast. When considered part of the unified continental model, it is considered a subcontinent...
- BelizeBelizeBelize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
: 0.08% - Costa RicaCosta RicaCosta Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
: 0.075% - El SalvadorEl SalvadorEl Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
: 0.05% - GuatemalaGuatemalaGuatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
: 0.08% - HondurasHondurasHonduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...
: 0.07% - NicaraguaNicaraguaNicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
: 0.08% - PanamaPanamaPanama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
: 0.08%
South AmericaSouth AmericaSouth America is a continent situated in the Western Hemisphere, mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere. The continent is also considered a subcontinent of the Americas. It is bordered on the west by the Pacific Ocean and on the north and east...
- ArgentinaArgentinaArgentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
: 0.05% for cars, 0.02% for motorcycles. - BoliviaBoliviaBolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
: 0.07% - BrazilBrazilBrazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
: Zero - ChileChileChile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
: 0.049% - ColombiaColombiaColombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
: 0.04% - EcuadorEcuadorEcuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
: 0.07% - GuyanaGuyanaGuyana , officially the Co-operative Republic of Guyana, previously the colony of British Guiana, is a sovereign state on the northern coast of South America that is culturally part of the Anglophone Caribbean. Guyana was a former colony of the Dutch and of the British...
: 0.01% = 9/0999764567899 - ParaguayParaguayParaguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
: 0.08%
PeruPeruPeru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
Drivers below a 0.05% BAC will be given a warning. At a 0.05% and over, the driver will be given a fine and a license suspension of no less than 6 months and no more than 2 years. If the driver is involved in an accident without causing death or severe injury to another individual, he or she may possibly face jail time. If the driver's causes an accident with a BAC over 1.01%, involving death or severe injury to another party, he or she will receive a mandatory prison sentence of 3 to 5 years. The driver's license will also be permanently revoked.- SurinameSurinameSuriname , officially the Republic of Suriname , is a country in northern South America. It borders French Guiana to the east, Guyana to the west, Brazil to the south, and on the north by the Atlantic Ocean. Suriname was a former colony of the British and of the Dutch, and was previously known as...
: 0.08% - UruguayUruguayUruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
: 0.03% (since March 2009) - VenezuelaVenezuelaVenezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
: 0.05%
EuropeEuropeEurope is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
European UnionEuropean UnionThe European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
- AustriaAustriaAustria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
: 0.05% and 0.01% for drivers who have held a licence for less than 2 years and drivers of vehicles over 7.5 tonnes - BelgiumBelgiumBelgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
: 0.05% - BulgariaBulgariaBulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
: 0.05% - Czech RepublicCzech RepublicThe Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
: Zero - CyprusCyprusCyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
- DenmarkDenmarkDenmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
: 0.05%, imprisonment if over 0.20%, zero if not driving safely. Fine one month pay less tax * (alcohol%*10). - EstoniaEstoniaEstonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
: 0.02% - FinlandFinlandFinland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
: 0.05%, 0.12% (aggravated) Penalty is a fine plus license suspension from 1 month to 5 years. For aggravated, also prison sentence is possible, usually as a suspended sentence. Routine breath testing without a probable cause is permitted and often practiced. - FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
: 0.05%, 0.08% (aggravated) - GermanyGermanyGermany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
: zero for beginners (less than 2 years' experience and drivers under the age of 21) as well as drivers making commercial transportation of passengers; 0.03% in conjunction with any other traffic offense or accident; 0.05% without evidence of alcoholic impact; penalty for 0.11% is driver licence withdrawn for about one year; for 0.16% regranting of the licence requires a successful Medical Psychological AssessmentMedical Psychological AssessmentThe Medical Psychological Assessment is a German measure ruled by law for persons seeking to regain their driving licence.-History:The first standards mandating the MPA for certain prospective drivers were legally adopted in 1955... - GreeceGreeceGreece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
: 0.05% (BrAC 0.25 mg/L)% and 0.02% for drivers who have held a license for less than 2 years, motor cycle and professional drivers - HungaryHungaryHungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
: Zero - IrelandRepublic of IrelandIreland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
: 0.05% generally or 0.02% for learner drivers, newly qualified drivers (those who have their license for less than two years) and professional drivers, and those who do not have their driving license on them when stopped by the Gardaí (police). Unlike other European countries, Police do not need a reason to request a breath sample. Being convicted of drunk driving usually carries a 2 year ban as well as a €1500 fine. - ItalyItalyItaly , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
: 0.05%, 0.08% (aggravated, up to 6 months imprisonment), 0.15% (aggravated, 3 to 12 months imprisonment), zero for drivers with less than 3 years' experience and professional drivers (bus, trucks etc...) - LatviaLatviaLatvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden...
: 0.02% for drivers with less than 2 years of experience and 0.05% for those with more than 2 years of experience - LithuaniaLithuaniaLithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
: 0.02% for drivers with less than 2 years of experience and 0.04% for those with more than 2 years of experience - LuxembourgLuxembourgLuxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
: 0.05% and 0.02% for professional drivers and drivers with less than 2 years of experience (since October 1, 2007) - MaltaMaltaMalta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
: 0.08% - NetherlandsNetherlandsThe Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
: 0.05%, 0.02% for drivers with less than 5 years' experience - PolandPolandPoland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
: 0.02% (driving license banned from six months up to three years, prison up to one month), 0,05% (driving license banned from 1 year to 10 years, prison up to two years) - PortugalPortugalPortugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
: 0.05% - RomaniaRomaniaRomania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
: 0.0% - SlovakiaSlovakiaThe Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
: Zero - SloveniaSloveniaSlovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...
: Zero for drivers with 2 years or less experience and professional drivers, 0.24 mg/l (0.05%) for all others. - SpainSpainSpain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
: 0.05% and 0.03% for drivers with less than 2 years experience and drivers of freight vehicles over 3.5 tonnes, and of passenger vehicles with more than 9 seats. - SwedenSwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
: 0.02% (up to 6 months imprisonment), 0.10% (imprisonment, maximum 2 years), zero (if not driving safely.) - United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
: 0.08%
Note: "Zero" usually means "below detection limit".
In the UK, driving or attempting to drive whilst above the legal limit or unfit through drink carries a maximum penalty of six months' imprisonment, a fine of up to £5,000 and a minimum 12 months' driving ban. A drunk-driving offense remains recorded on a driving licence for 11 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.
It is an offence to refuse to provide a specimen of breath, blood or urine for analysis. The penalties for refusing are equivalent to those applied where a positive specimen is given; a maximum six months' imprisonment, a fine of up to £5000 and a minimum 12 months' driving ban. Causing death by careless driving when under the influence of drink or drugs carries a maximum penalty of 14 years in prison, a minimum two-year driving ban and a requirement to pass an extended driving test before the offender is able to drive legally again.
The offense of driving whilst under the influence of alcohol is one to which there is no defense, as such. However, it may be possible to argue that special reasons exist which are such that you should not be disqualified from driving despite having committed the offense. Reasons which have been held to amount to special reasons include:
- shortness of distance driven
- unintentional commission of the offense (i.e. laced drinks)
- emergencies
Note, however, that special reasons are notoriously difficult to establish and the burden of proof is always upon the accused to establish them.
Magistrates sentencing guidelines
In England and Wales when DWI 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 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 either way offences which means magistrates may find their sentencing powers are insufficient and indict the case to crown court. The majority of drunk driving offences are summary only offences which can only be tried in a magistrates court. Only the most serious offences such as a collision and/or death/injury involved are indicted to crown court. The maximum sentence magistrates can usually impose is a £5,000 fine and/or a six-month prison sentence.
Other European countries
- AlbaniaAlbaniaAlbania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
: 0.01% - BelarusBelarusBelarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
: 0.03% - Bosnia and HerzegovinaBosnia and HerzegovinaBosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
: 0.05% - CroatiaCroatiaCroatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
: Zero for professional drivers and drivers under 24 years of age, 0.05% for all others - GibraltarGibraltarGibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
: 0.05% - IcelandIcelandIceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
: 0.05% - LiechtensteinLiechtensteinThe Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan...
: 0.08% - MacedoniaRepublic of MacedoniaMacedonia , officially the Republic of Macedonia , is a country located in the central Balkan peninsula in Southeast Europe. It is one of the successor states of the former Yugoslavia, from which it declared independence in 1991...
: Zero for professional drivers, public service drivers, commercial transport and drivers beginners, 0.05% for all others - MoldovaMoldovaMoldova , officially the Republic of Moldova is a landlocked state in Eastern Europe, located between Romania to the West and Ukraine to the North, East and South. It declared itself an independent state with the same boundaries as the preceding Moldavian Soviet Socialist Republic in 1991, as part...
: 0.03% - NorwayNorwayNorway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
: 0.02%. Punishment depends on the alcohol level. 0.02% (fine and suspended license), 0.05% (fine, suspended sentence and suspended lincense), 0.10% (fine, suspended or mandatory sentence and suspended license), 0.15% (fine, mandatory sentence and suspended license). The guidelines state that the fine for an alcohol level of more than 0.05% should be around 1.5 months base salary and usually not lower than 10.000 NOK. For 0.02-0.05% the fine is lower. Prison sentences are usually around 3 weeks to 3 months with a maximum of 1 year. The suspension period varies from less than a year to 2 years. - RussiaRussiaRussia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
: 0.00% - SwitzerlandSwitzerlandSwitzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
: 0.05% - SerbiaSerbiaSerbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
: 0.03% for all, zero for professional drivers, public service drivers, commercial transport and drivers beginners - TurkeyTurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
: 0.05%, zero for commercial transport and public service drivers. - UkraineUkraineUkraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
: Zero
AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
In Australia, laws allow police officers to stop any driver and perform a random breath test without reason. Roadblocks can be set up - for example leading out of town centres on Friday and Saturday nights, or during football or other events - where every single driver will be breath-tested. This differs from UK and US laws, where police generally need a reason to suspect that the driver is intoxicated, before requesting a breath and/or sobriety test.
Australian Capital TerritoryAustralian Capital TerritoryThe Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
- Zero for drivers and motorcyclists holding a learner, 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).
- 0.05% for all other drivers and motorcyclists.
New South WalesNew South WalesNew South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
- Zero for Learner and Provisional licences
- 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 taxiTaxicabA taxicab, also taxi or cab, is a type of vehicle for hire with a driver, used by a single passenger or small group of passengers, often for a non-shared ride. A taxicab conveys passengers between locations of their choice...
or busBusA bus is a road vehicle designed to carry passengers. Buses can have a capacity as high as 300 passengers. The most common type of bus is the single-decker bus, with larger loads carried by double-decker buses and articulated buses, and smaller loads carried by midibuses and minibuses; coaches are...
. - 0.05% for all other drivers
- Zero limit for methamphetamineMethamphetamineMethamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
, CannabisTHCTHC commonly refers to tetrahydrocannabinol, the main active chemical compound in Cannabis.THC may also refer to:* Tan Holdings Corporation...
and MDMA.
Northern Territory
- Zero for provisional (probationary) licence holders.
- 0.05% for all other drivers.
QueenslandQueenslandQueensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
- A Zero limit applies to the drivers of trucks, buses, articulated vehicles, vehicles carrying dangerous goods, pilot vehicles, taxis, all learner drivers and provisional drivers.
- 0.05% for other drivers.
- Zero limit for methamphetamine, Cannabis and MDMA.
South AustraliaSouth AustraliaSouth Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
- Zero limit for learner, provisional, probationary, heavy (greater than 15 tonne) vehicle, taxis, licensed chauffeured vehicles, dangerous goods, and bus licenses.
- 0.05% for all other drivers.
- Zero limit for methamphetamineMethamphetamineMethamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
, CannabisTHCTHC commonly refers to tetrahydrocannabinol, the main active chemical compound in Cannabis.THC may also refer to:* Tan Holdings Corporation...
and MDMA.
TasmaniaTasmaniaTasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
- Zero limit for learner, provisional, truck, bus, and taxi licences.
- 0.05% for all other drivers.
- Zero limit for methamphetamineMethamphetamineMethamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
, CannabisTHCTHC commonly refers to tetrahydrocannabinol, the main active chemical compound in Cannabis.THC may also refer to:* Tan Holdings Corporation...
and MDMA.
VictoriaVictoria (Australia)Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
- Zero limit applies for unlicensed drivers, holders of learner permits and probationary licences, "professional" drivers, and certain relicensed drunk-drivers.
- Below 0.05% for most other drivers.
- Zero limit for methamphetamineMethamphetamineMethamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
, CannabisTHCTHC commonly refers to tetrahydrocannabinol, the main active chemical compound in Cannabis.THC may also refer to:* Tan Holdings Corporation...
and MDMA.
There are also other restrictions for drivers in Victoria:
- Limits apply within 3 hours of driving - that is, police can require a person to submit to an alcohol or drugs test within 3 hours of driving and it is an offense to fail that test, unless the drug or alcohol use occurred after driving (see Road Safety Act 1986, ss. 49, 53 and 55E).
- Licenses canceled for certain serious drunk-driving offenses 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 zero limit for 3 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 offense involves a BAC 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 sees any patient who is aged 15 years or over as a result of a motor vehicle accident, 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 methamphetamineMethamphetamineMethamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
, CannabisTHCTHC commonly refers to tetrahydrocannabinol, the main active chemical compound in Cannabis.THC may also refer to:* Tan Holdings Corporation...
or MDMA, all of which are subject to a zero limit (see Road Safety Act 1986: ss. 49, 55E & 55D)
Western AustraliaWestern AustraliaWestern Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
- 0.02% for learner, provisional (probationary) licence holders (0.00% as from July 1, 2008) or persons convicted of driving under the influence (for three years after the offense) and failing to comply with a request for breath, blood or urine (for three years after the offense).
- 0.05% for all other drivers.
Readings over 0.08% but under 0.15% BAC, and 0.15% BAC and above (legally defined as Drunk Driving) comprise separate offenses, the latter attracting heavier penalties. Persistent offenders may be barred from driving for terms up to and including life, and may also 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 ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
The system in New Zealand is age-based. Since midnight on 7 August 2011, the limits are:-- 0.08% BAC for persons 20 years and over (or 400μg/L breath)
- Zero limit for persons under 20 years.
The penalties for exceeding the limits are:
- Persons under 20 years, up to 0.03% - instant NZ$New Zealand dollarThe New Zealand dollar is the currency of New Zealand. It also circulates in the Cook Islands , Niue, Tokelau, and the Pitcairn Islands. It is divided into 100 cents....
200 fine and 50 demerit points - Persons under 20 years, 0.03% to 0.08% - up to 3 months imprisonment and/or up to NZ$New Zealand dollarThe New Zealand dollar is the currency of New Zealand. It also circulates in the Cook Islands , Niue, Tokelau, and the Pitcairn Islands. It is divided into 100 cents....
2250 fine; loss of license for three months or more. - All persons over 0.08% (first and second offenses) - up to 3 months imprisonment and/or up to NZ$4500 fine; loss of license for six months or more.
- All persons over 0.08% (third and subsequent offenses) - 2 years imprisonment; NZ$6000 fine; loss of license for one year or more.
The penalty for injuring or killing someone when under the influences is the same as dangerous driving (up to 5 years imprisonment and/or up to NZ$20,000; loss of license for one year or more.)
See also
- Blood alcohol contentBlood alcohol contentBlood alcohol content , also called blood alcohol concentration, blood ethanol concentration, or blood alcohol level is most commonly used as a metric of alcohol intoxication for legal or medical purposes....
- BreathalyzerBreathalyzerA breathalyzer or breathalyser is a device for estimating blood alcohol content from a breath sample...
- DWI court
- ExpungementExpungementIn the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. If successful, the...
- Sobriety checkpointsRandom checkpointA random checkpoint is a military and police tactic involving the set up of a hasty roadblock primarily by mobile truck-mounted infantry or police units in order to disrupt unauthorized or unwanted movement and/or military activity.Random checkpoints are set up to achieve surprise, as opposed to...
External links
- DUI Laws Across Country Changing
- roadsafety.qld.gov.au
- thinkroadsafety.gov.uk
- ltsa.govt.nz
- Break the Law, Pay the Price, OntarioOntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
Ministry of Transportation website educating drivers on the consequences of being caught driving impaired in the province - Campaign Against Drinking and Driving
- Impaired Driving, MedlinePlusMedlinePlusMedlinePlus is a free Web site that provides consumer health information for patients, families, and Health care providers. The site brings together information from the United States National Library of Medicine, the National Institutes of Health , other U.S. government agencies, and...
- Drink Driving Limits in Europe Safe Travel UK
- Drink Driving Laws and Traffic Ofences in QLD