Appendix B:

Drinking and Driving Laws

Australia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Per Capita Consumption (in litres of absolute alcohol):

7.6 (1994/5)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

See State detail.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

See State detail.

How long has the present BAC limit been in effect?

See State detail.

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

Yes

Sanctions

See State detail.

Rehabilitation and Regranting of Licenses

See State detail.

Enforcement

See State detail

 

Drinking and Driving Laws
by State or Province

Australian Capitol Territory

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.02 for learners and provisional licenses for new drivers under the age of 25 for the first 3 years of driving.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.02 for drivers of vehicles over 15 GVMt plus dangerous goods. .02 for drivers of licensed public vehicles.

How long has the present BAC limit been in effect?

Since January 1, 1991

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

For first offense:

For BAC of .02 to .05, fined up to 5 penalty units, 3 month maximum suspension of license.

For .05 to .08, fined up to 5 penalty units, 6 month maximum suspension.

For .08 to .15, fined up to 10 penalty units and/or 6 month maximum gaol and 12 month maximum suspension.

For BAC over .15, fined up to 15 penalty units and/or 9 month maximum gaol and 36 month maximum suspension.

 

For multiple offenses:

For .08 to .15, fined up to 10 penalty units and/or 6 month maximum gaol and 12 month maximum suspension.

For BAC over .15, fined up to 15 penalty units and/or 9 month maximum gaol and 36 month maximum suspension.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

No legislation, but court may order attendance at course

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. Introduced December 1982.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

Used occasionally. Compulsory blood testing for drivers, cyclists, and pedestrians aged 15 or older attending hospital after crash.

 

Under what circumstances is it compulsory for a driver to submit to testing?

Compulsory blood testing for drivers, cyclists, and pedestrians aged 15 or older attending hospital after crash.

Number of random tests conducted annually, if known:

Not known.

 

Drinking and Driving Laws
by State or Province

New South Wales

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.02 for learners, provisional licenses (since 4/2/85); .02 for new drivers under the age of 25; and .02 for the first 3 years of driving (since 1/1/91).

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.02 for drivers of heavy vehicles > 13.9GVMt and dangerous or radioactive goods vehicles, buses, taxi cabs, hire cars (passenger vehicles >13.9t).

How long has the present BAC limit been in effect?

.05 since December 17, 1982; .02 for learner since April 2, 1985, .02 for younger drivers, passenger or heavy vehicles since January 1, 1991.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

For first offense:

For BAC of .02 to .05 for under 25 or professional drivers, $550 ($345.95 US) maximum fine plus automatic 3 month disqualification.

For .05 to .08, $550 ($345.95 US) maximum fine plus automatic 6 month disqualification.

For .08 to .15, $1,100 ($691.90 US) maximum fine and/or 6 month maximum gaol plus disqualification for 3 month minimum, 12 month automatic (the court has the power to order a shorter or longer period), no maximum disqualification.

For BAC greater than .15, immediate suspension of license, $1,650 ($1,037.85 US) maximum fine and/or 9 month gaol plus 6 month minimum, 3 years automatic disqualification, no maximum disqualification.

 

For multiple offenses:

For BAC of .02 to .05 for under 25 or professional drivers, $1,100 ($691.90 US) maximum fine plus automatic 12 month disqualification, 3 month minimum, no maximum disqualification.

For .05 to .08, $1,100 ($691.90 US) maximum fine plus automatic 12 month, 3 month minimum, no maximum disqualification.

For .08 to .15, $1,100 ($691.90 US) maximum fine and/or 6 month maximum gaol plus disqualification for 6 month minimum, 3 years, no maximum disqualification.

For a BAC greater than .15, immediate suspension of license, $2,200 ($1,383.80 US) maximum fine and/or 12 month maximum gaol plus 1 year minimum, 5 years, no maximum disqualification.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not known.

What is the process for regranting drivers licenses that have been suspended or revoked?

Any driver convicted of a drink driving offence and over .15 range must undergo medical assessment and receive positive results before re-issue of license.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. Introduced 12/17/82.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

Mandatory.

 

Under what circumstances is it compulsory for a driver to submit to testing?

For drivers, riders, and pedestrians over 15 years in hospitals after road crash. (12/17/82)

Notes on the level of enforcement of Impaired Driving Laws:

In New South Wales, the annual number of RBT tests is well over half the number of licensed drivers, an estimated 59 tests per 100 drivers per year.

Number of random tests conducted annually, if known:

59 per 100 drivers annually

 

Drinking and Driving Laws
by State or Province

Northern Territory

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.00 (.02 tolerance) for unlicensed, learner and provisional license drivers (1985).

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.00 (.02 tolerance) for drivers of vehicles >15GVMt + dangerous goods; for buses with more than 12 seats and vehicles with passengers in load space.

How long has the present BAC limit been in effect?

.05 passed in 1992, implemented in 1994; .00 for new drivers in 1985; .00 for certain vehicles passed in 1992, but commencement pending

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

For first offense:

For BAC over .00 and driver who is under 18, or has a learner or provisional license, or unlicensed a fine of $500 ($314.50 US), 3 month maximum gaol with 3 month minimum license loss.

For BAC of .00 to .05 and driver of specified vehicles or under 25, fine of $500 ($314.50 US), 3 month maximum gaol and Traffic Infringement Notice (TIN).

For BAC of .05 to .08, TIN plus a fine of $500 ($314.50 US), 3 month maximum gaol.

For BAC between .08 and .15, a fine of $750 ($471.75 US), 6 month minimum license loss, 6 month maximum gaol, and a 10-hour course.

For BAC over .15, fine of $1000 ($629.00 US), 12 month maximum gaol, minimum 12 month immediate suspension, 14-hour course.

 

For multiple offenses:

For a BAC over .00 and under 18, learner or provisional license, or unlicensed, a fine of $750 ($471.75 US), 6 month maximum gaol, 6 month minimum license loss.

For a BAC of .00 to .05 and a driver of specified vehicles or under 25, $750 ($471.75 US) fine, 6 month maximum gaol, TIN.

For a BAC between .05 and .08, TIN, $750 ($471.75 US) fine, 6 month maximum gaol, 6 month minimum suspension.

For a BAC between .08 and .15, $2,000 ($1,258.00 US) fine, 12 month maximum gaol, 12 month minimum suspension. Immediate suspension if previous offense withint 10 years, 14-hour course for repeat offenders.

For a BAC over .15, $2,000 ($1,258.00 US) fine, 12 month maximum gaol, 5 year minimum suspension. Within 3 years of previous offense of >.15, or 2 or more offenses, 18 month immediate suspension.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

No legislation requiring rehabilitation, but registrar of motor vehicles may impose conditions on return of license.

What is the process for regranting drivers licenses that have been suspended or revoked?

Registrar of motor vehicles may impose conditions on return of license.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. Introduced February 1980.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

Compulsory blood testing for drivers, riders and pedestrians over age 15 involved in road crash.

Number of random tests conducted annually, if known:

Not known.

 

Drinking and Driving Laws
by State or Province

Queensland

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.00 (.02 tolerance) for drivers under 21.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.00 (.02 tolerance) for drivers of vehicles > 4.5GVMt, and for drivers of buses.

How long has the present BAC limit been in effect?

.05 since December 20, 1982. A BAC of .00 for young drivers and drivers of buses or heavy vehicles since January 1, 1991.

Other comments on BAC provisions of the law:

Immediate 24 hour license suspension for all BAC offenses.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

For first offense:

For a BAC up to .05 in learners and probationary drivers under 25, unlicensed drivers, and drivers of heavy vehicles, public transport, dangerous goods, fine for first offense is $1,050 ($660.45 US) maximum or 3 month gaol with 3 to 9 months disqualification.

For other drivers with BAC between .05 and .15 there is a ticket system which is optional for the police to use with a minimum fine of $100 ($62.90 US) for BAC of .05, and increasing with BAC level. For BAC over .15, $2,100 ($1,320,90 US) maximum or 9 month gaol with 6 month disqualification. Penalty for refusal of blood or breath test is $2,100 ($1,320.90 US) maximum fine or 9 month gaol with 6 month disqualification.

 

For multiple offenses:

For second offence BAC between .05 and .15, maximum fine of $1,500 ($942.50 US) or six month gaol with 3 to 18 month disqualification. A susequent BAC between .05 and .15 carries a $2,100 ($1,320,90 US) maximum fine or 9 month maximum gaol with 6 month disqualification. For a second offense BAC over .15, or for refusal to take a blood or breath test, the penalty is a maximum fine of $2,550 ($1,572.50 US) or 18 month gaol with 12 month disqualification. A third or subsequent offence between .05 and .15 carries a $2,100 ($1,320,90 US) maximum fine or 9 month maximum gaol with 6 month disqualification.

For a second offense BAC over .15, or for refusal to take a blood or breath test, the penalty is a maximum fine of $2,550 ($1,572.50 US) or 18 month gaol with 12 month disqualification. For a subsequent offense of BAC over .15, imprisonment must form part of the sentence with a 2 years disqualification. For subsequent refusals to take a blood or breath test, imprisonment may form all or part of the punishment with a 2 year disqualification.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

After numerous drink driving offenses, if can be made a condition of conviction to undergo a rehabilitation course conducted by the Queensland Corrective Services Commission.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

Legislation for compulsory blood testing passed in 1974 but was not proclaimed.

Notes on the level of enforcement of Impaired Driving Laws:

There were 760,000 RBT tests in Queensland in 1994-95 for about two million licensed drivers, a ratio of 38 tests per 100 drivers.

Number of random tests conducted annually, if known:

760,000 (1994-95)

 

Drinking and Driving Laws
by State or Province

South Australia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.02 for drivers up to 19 years.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.02 for drivers of vehicles > 15 GVMt; drivers of buses with more than 12 seats, taxis, and hire cars.

How long has the present BAC limit been in effect?

.05 since July 1, 1992. .02 for young drivers and drivers of certain vehicles since June 1, 1992

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

For BAC > .00 for learners and probationary drivers, $1,000 ($629.00 US) maximum fine plus 6 month disqualification.

For drivers with BAC between .05 and .08, a Traffic Infringement Notice, $114 ($71.71 US) fine and 3 demerits. If court decision, $700 ($440.70 US) maximum fine plus $7 ($4.40 US) victims of crime levy.

For drivers with BAC between .08 and .15, $500 ($314.00 US) minimum, $900 ($566.10 US) maximum fine plus 6 month disqualification and 5 demerit points.

For BAC over .15 (DUI), $700 ($440.70 US) minimum, $1,200 ($1,572.50 US) maximum fine or 3 month maximum gaol plus 12 month minimum disqualification and 6 demerit points.

For refusal to take blood or breath test, $700 ($440.70 US) minimum, $1,200 ($1,572.50 US) maximum fine plus 12 month minimum disqualification and 6 demerit points.

 

For multiple offenses:

For BAC between .00 (for learners and probationary drivers) and .08, penalty is same as for first offense.

For BAC between .08 and .15, fine of $700 ($440.70 US) minimum, $1,200 ($1,572.50 US) maximum plus 12 month minimum disqualification and 6 demerit points. Susequent offense carries a fine of $1500 to $2500 with a maximum 3 years disqualification.

For BAC over .15 (DUI), penalty is a fine of $1,500 to $2,500 ($943.50 to $1,320.90 US) or 6 month maximum gaol with a minimum 3 years disqualification and 6 demerit points.

The penalty for second offense of refusal to take a blood or breath test is a fine of $1,500 to $2,500 ($943.50 to $1,320.90 US) with a minimum 3 years disqualification and 6 demerit points.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

If convicted of 2 or more drink driving offenses within 3 years in the metropolitan area, then the court orders that the driver must be referred for Drink Driver Assessment.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. In 1995, in South Australia, there were 220,001 RBTs conducted for 965,000 licenses. In 1997, SA doubled the number of breath tests carried out to more than 600,000.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

Not known.

Number of random tests conducted annually, if known:

600,000 in 1997

 

Drinking and Driving Laws
by State or Province

Tasmania

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.00 (.02 tolerance) for 3 years for new drivers and those not holding a license for 12 months.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.00 (.02 tolerance) for drivers of vehicles >4.5+ >7.5 combination; for buses with more than 12 seats and licensed public vehicles.

How long has the present BAC limit been in effect?

.05 since January 6, 1983; .00 for new drivers and drivers of certain vehicles since May 1992

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

BAC < .05, 2-10 penalty units, 3 month maximum gaol, 3-12 month disqualification.

BAC between .05 and .10, 2-10 penalty units, 3 month maximum gaol, 3-12 month disqualification

BAC between .1 and .15, 4-20 penalty units, 6 month maximum gaol, 6-18 month disqualification

BAC > .15, 5-30 penalty units, 12 month maximum gaol, 12-36 month disqualification

Failure to comply, 5-30 penalty units, 12 month maximum gaol, 12-36 month disqualification

(Note, each penalty unit equals $100)

 

For multiple offenses:

BAC < .05, 4-20 penalty units, 6 month maximum gaol, 6-24 month disqualification.

BAC between .05 and .10, 4-20 penalty units, 6 month maximum gaol, 6-24 month disqualification

BAC between .10 and .15, 8-40 penalty units, 12 month maximum gaol, 12-36 month disqualification

BAC > .15, 10-60 penalty units, 24 month maximum gaol, 24-72 month disqualification

Failure to comply, 10-60 penalty units, 24 month maximum gaol, 24-72 month disqualification

(Note, each penalty unit equals $100)

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

An offender considered to be alcohol dependent (i.e., very high BAC levels or multiple drink driving offenses) can be required to attend rehabilitation.

What is the process for regranting drivers licenses that have been suspended or revoked?

Currently (as of November 1997) considering a range of options as standard condition for reissue of license following disqualification.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. The number of random breath tests in Tasmania has increased in recent years to approximately 83 per 100 drivers in 1997.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

No legislation on compulsory testing.

Number of random tests conducted annually, if known:

Approximately 83 per 100 drivers in 1997

 

Drinking and Driving Laws
by State or Province

Victoria

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.00 (.02 tolerance) for 1st year probationary and unlicensed drivers. Zero limit extended for first three years of license (8/2/90).

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.00 (.02 tolerance) for drivers of vehicles >15GVMt, and drivers of buses with 12 or more passengers.

How long has the present BAC limit been in effect?

The limit has been .05 since June 1976. For new drivers and drivers of heavy or passenger vehicles the limit has been.02 since January 1, 1992.

Other comments on BAC provisions of the law:

Full license holders who are convicted or found guilty of a drink driving offense and are re-licensed after obtaining a court order are restricted to a zero BAC for 3 years (Z condition license.)

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

For BAC of .00 to .05 for probationary, learner, or unlicensed drivers, $1,200 ($754.80 US) maximum fine and possible 6 month maximum disqualification, one month minimum suspension and extension of probationary period for 7 months for probationers.

For BAC of .05 to .10, $1,200 ($754.80 US) fine plus disqualification for 6 month minimum.

For .10 to .11, $1,200 ($754.80 US) fine plus disqualification for 10 month minimum.

For .11 to .12, $1,200 ($754.80 US) fine plus disqualification for 11 months, and so on, increasing the period of disqualification by one month per point BAC.

 

For multiple offenses:

For BAC of .00 to .05 for probationary, learner, and unlicensed drivers, $2,500 ($1,572.50 US) maximum or 3 month maximum gaol plus 12 month minimum disqualification.

For BAC over .05, $2,500 ($1,572.50 US) maximum fine or 3 month gaol plus disqualification for 12 month minimum for .05 to .07, 14 months for .07 to .08, 16 months for .08 to .09 and so on with the period of disqualification increasing by 2 months for every point of increased BAC.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Rehabilitation requirements as a precondition of relicensing exist for multiple categories of convicted dring drivers. Exact requirements depend on age, license category, BAC range of the offender.

What is the process for regranting drivers licenses that have been suspended or revoked?

Full license holders who are convicted or found guilty of a drink driving offence and are re-licensed after obtaining a court order are restricted to a .00 BAC for 3 years (Z condition license.)

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. With about 2.9 million drivers, Victoria now conducts over 2.4 million tests annually, giving a test:driver ratio of .83.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

Compulsory blood testing of all people older than 15 years who have been taken to hospital after a road crash. In 1991, changed to Code of Practice.

Number of random tests conducted annually, if known:

2.4 million annually

 

Drinking and Driving Laws
by State or Province

Western Australia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.02 for probationary drivers for 12 months

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

Legislation proposed but not yet passed: .02 BAC limit for drivers of vehicles >15 and for drivers of buses with more than 8 seats, taxis, hire cars.

How long has the present BAC limit been in effect?

.05 since September 1988; .02 for probationary drivers since August 1982.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Note on sanctions: The penalties for traffic offenses in Western Australia have recently undergone a major review. Regulatory and legislative changes are currently being progressed. The drink driving penalties require legislative changes and are currently in the Western Australian Parliament.

 

Details on Sanctions:

Over .02, under 18, Pís or Lís, unlicensed-fine of $100 to $300 ($62.90 to 188.70 US).

For BAC between .05 and .08, a maximum $500 ($314.50 US) fine.

For BAC greater than .08, a fine of $500 to $800 ($314.50 to $503.20 US)with a 3 month minimum license disqualification.

For failure to provide breath test when requested, a minimum fine of $600 ($377.40 US) or 6 month suspension.

 

For multiple offenses:

For second and subsequent offenses of BAC over .08, fine of $600 to $1,200 ($377.40 to 754.80 US) with 6 month minimum disqualification.

For second offense of driving under the influence of alcohol or drugs, $1,000 to $1,800 ($629.00 to 1,132.20 US) fine or 6 month gaol with a 2 year minimum disqualification.

For third offense, fine is $1,200 to $2,500 ($754.80 to $1,572.50 US) or 18 months gaol with permanent disqualification of license.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

No requirement for rehabilitation program.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. The number of random breath tests in Western Australia increased from 52 per 100 drivers in 1994-95 to 85 per 100 in 1995-96.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

No legislation on compulsory breath testing.

Number of random tests conducted annually, if known:

Approximately 85 per 100 drivers in 1995-96

 

 

Drinking and Driving Laws

Austria

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

17 (Category B: automobile)

Is there a system of graduated licensing for new drivers?

It is possible to start with the theoretical and practical education at the age of 16, if you apply for an advanced driving license. A probational license is issued for a period of two years, after which it is automatically converted to a permanent license. Holders of a probational license are limited to a maximum of .01 and must continue training if they demonstrate poor behaviour. It is not possible to shorten the probationary period, but authorities may prolong it for various reasons including alcohol-related offenses. The probationary period can be extended for 1 year, up to 3 times. If the driver commits an offense after the third extension, the license can be withdrawn.

 

Details of graduated licensing program:

The candidate must

After the theoretical and practical training at driving school the accompanists must ask for permission to drive on public roads together with the candidate.

During accompanied driving the BAC limit is .01 BAC or 0.05 mg/l in breath for both accompanist and candidate. There are also specific restrictions concerning speed limits (80km/h on country roads - instead of 100 km/h, 100km/h on highways - instead of 130km/h). The car must be labeled for accompanied driving.

The candidate has to keep records of all driving lessons. Every 1,000 driven kilometers accompanist and candidate must attend a special training at driving school. After 3,000 driven kilometers and another perfection training at driving school, but not before the 17th birthday, the candidate can take the driving test.

If the candidate passes driving test he or she is allowed to drive special labeled cars. Until his or her 18th birthday he or she has to observe the same speed-limits like during his or her education. The driving license is under probation until his or her 20th birthday.

Category B (under probation for two years)

The driving license is on probation for two years (Driving license on probation is established as law since 1/1/92).

In case of serious offenses (like hit-and-run offences, driving in wrong direction, overtaking in dangerous situations or overtaking if prohibited, speeding of 20 km/h more in town-areas or 40km/h more on country roads, etc.) during the 2-year-probation time the novice driver has to attend an additional psychological course for conspicuous drivers (driver has to pay the costs of the course). The duration of probation time will hold over for one year more.

If there is another serious traffic offense after a third prolongation of probation time the driving license will be suspended.

The limit of BAC is .01 or 0.05 mg/l in breath. Drinking while driving is not allowed. For drinking and driving the novice driver must attend an additional psychological course for drunk drivers (driver has to pay the costs of the course). The duration of probation time will hold over for one year more.

Alcohol Purchase and Consumption

What is the minimum drinking age?

16

What is the minimum purchase age for alcoholic beverages?

16 for beer and wine; 18 for all

Per Capita Consumption (in litres of absolute alcohol):

9.8 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05 or .25 mg/l in breath

What is the BAC limit for younger drivers, if different?

.01 or .05 mg/l in breath for novice drivers during a 2-year probation period and for riders of motorcycles and other vehicles age 20 or less.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.01 or .05 mg/l in breath for drivers of vehicles over 7.5 tons or buses.

How long has the present BAC limit been in effect?

Since January 1, 1998 (BAC for novice drivers since 1992)

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Other comments on BAC provisions of the law:

Effects of driving license on probation: Since the limit of .01 was established for probationary drivers was established in law, the number of crashes caused by drunk driving of novice drivers (mainly drivers aged 18 and 19) has decreased about 30.9%. In consideration of the general reduction by new driving licenses there remains an effect of 16.8% less crashes caused by drunk driving.

 

Effects of .05:

Recession of fatalities in cases of drunk driving:

This means a recession of crashes caused by drunk driving of 18.6%. Reduction of crashes in general: January - May 98, 12,939 crashes with personal injury, on that occasions 16,868 people got injured, 315 people have been killed. These facts mean a reduction of crashes of 2.6%, of people injured of 3.3% and of people killed of 19.8%.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

Fine

.05 or more - the fine is from 3,000 to 50,000 ATS ($240.15 to $4,002.46 US)

.08 or more - the fine is from 8,000 to 5,000 ATS ($640.39 to $4,002.46 US)

.12 or more - the fine is from 12,000 to 60,000 ATS ($960.59 to $4,802,95 US)

.16 or more - the fine is from 16,000 to 80,000 ATS ($1,280.79 to $6,403.94 US)

If the driver refuses a breath-check for alcohol or a blood-test, we assume a .16 BAC with all its legal consequences: fine, license suspension after immediate taking off the license on position, additional psychological course for drunk drivers and an additional driving-test (medical and psychological) - established in law since 1997.

 

Additional amounts added for multiple offenses:

-100,-- to 10.000,-- ATS for slight offences

-500,-- to 30.000,-- ATS for serious offences

If the driver causes a crash with persons injured, the driver will be ordered by the court and imprisonment is possible. The length of sentence depends on the seriousness of injury:

Itís possible to impose a suspended sentence: the offender must fulfill some community work additional to the psychological driver improvement course. During the suspended sentence time the offender must not cause another crash, or he/she must serve both the first and the new sentence.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

For a BAC level of .12 to .16, a psychological driver-improvement course is required. Novice drivers must attend the psychological course for drunk drivers in any case of driving under the influence of alcohol (more than .01 BAC). In the case of serious traffic offenses, they must attend a psychological course for conspicuous drivers. The courses are established in law. If the driver refuses to attend the course he/she will loose the driving license.

What is the process for regranting drivers licenses that have been suspended or revoked?

After the suspension period, the driving license has to be regranted on request if all additional required courses or tests have been accomplished and the duration of suspension was not more than 18 months, and no further reasons for suspension exist.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used occasionally. Since 1988 the Austrian traffic police has been supplied with breathalyzers. The results of the testing have the same witness at court as a blood sample. Concerted action at certain times in certain regions: depends on the wanted offense for the action- in case of drunk driving enforcement, as many cars as possible are stopped and the driverís breath alcohol concentration will be checked.

Testing only if suspicion of intoxication

Used frequently. Until 1994 the police could carry out breath testing only in case of reasonable suspicion of intoxication. Now they can carry out breath testing in every case without reasonable excuse. The driver has to undergo the test.

Testing only on arrest or commission of a traffic violation

Used occasionally.

Testing when driver is involved in a crash

Used frequently. Used always if people get injured, because the drivers will be ordered to court. If cars are little damaged and itís possible for the drivers to remove the cars from the street, itís not necessary to call the police. If the police come to the crash site because the damaged cars impede traffic, they use breath testing occasionally (in case of suspicion). There is no law which demands breath testing. Mostly the police check breath alcohol content (AC) in case of suspicion of intoxication independent from the reason for stopping the car (traffic control, traffic violation, crash, etc.) Most times breath testing is used. If the driver is injured and comes to hospital, a blood test is used.

 

Under what circumstances is it compulsory for a driver to submit to testing?

It is compulsory to submit to the testing when requested. If the driver refuses testing, the police act as if a BAC of .16 is confirmed.

Notes on the level of enforcement of Impaired Driving Laws:

There have been a lot of changes in driving laws the last years and the decreased crash rates, number of persons injured or killed show the positive effects of these changes. In 1997, there were 94,973 breath checks for alcohol and 1,118 blood tests; most of the breath tests taken randomly.

Number of random tests conducted annually, if known:

Approximately 94,973

 

Drinking and Driving Laws

Belgium

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

No, but there is a system of provisional licensing during 3 to 18 months depending on the amount of lessons taken at a driving school.

Alcohol Purchase and Consumption

What is the minimum drinking age?

15

What is the minimum purchase age for alcoholic beverages?

No limit

Per Capita Consumption (in litres of absolute alcohol):

9.1 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05 or .22 mg/liter of breath

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

Since December 1, 1994

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Rehabilitation programs may be required at the judgeís discretion.

What is the process for regranting drivers licenses that have been suspended or revoked?

The driverís license is restored when the forfeiture ends if the driver passes the examination which may be imposed by the judge.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently.

Testing only if suspicion of intoxication

Used frequently.

Testing only on arrest or commission of a traffic violation

Used frequently. Breath testing is given, but a blood test is taken if the result of the breath test is a minimum 0.22 mg/l, or when the breath analysis can not be executed or when the driver is apparently in an intoxicated state (due to either alcohol or drugs).

Testing when driver is involved in a crash

Used frequently. Breath testing and blood testing in the circumstances mentioned in the previous answer.

 

Under what circumstances is it compulsory for a driver to submit to testing?

The police may require a breath test of any person who is presumed to have caused a traffic crash, even if that person is a victim; any person driving a commercial vehicle or accompanying an apprentice driver; or any persons prepared to drive a vehicle or machine in a public place.

Notes on the level of enforcement of Impaired Driving Laws:

Enforcement is high.

Number of random tests conducted annually, if known:

234,964 for the police only

 

 

Drinking and Driving Laws

Canada

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

Set by provincial law.

Is there a system of graduated licensing for new drivers?

All but two provinces, the Northwest Territories and the Yukon, have graduated licensing programs. Details of programs are set by provincial law.

Alcohol Purchase and Consumption

What is the minimum drinking age?

19 in Alberta & Quebec, 18 in all others

What is the minimum purchase age for alcoholic beverages?

Set by provincial law

Per Capita Consumption (in litres of absolute alcohol):

6.2

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

See details by Province.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

See details by Province.

How long has the present BAC limit been in effect?

See details by Province

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

Yes

Sanctions

See details by Province.

Rehabilitation and Regranting of Licenses

See details by Province.

Enforcement

Random stopping of vehicles by police is allowed in Canada, but to request a breath or blood sample the officer must have "probable grounds" that the driver had been using alcohol. The use of random stops varies across the country, but the Criminal Code of Canada rules with respect to probable grounds are uniform. Quite often a police service will have a certain amount of resources assigned to random stops, but additional ones can be deployed if outside funding can be found from the government or sponsored by private groups.

Frequency of use of sobriety checkpoints and random stops varies by province/territory. Some jurisdictions deploy them year round while others only seem to use them during the Christmas holiday period. Much of the enforcement done is based on secondary enforcement as the result of an incident such as a collision, or from standard patrols observing erratic driving.

 

Under what circumstances it is compulsory for a driver to submit to testing?

There needs to be a reasonable suspicion that alcohol is present before a request for breath or blood can be made. Even in the breath checkpoints, requests for a sample must be based on a suspicion of alcohol. This is consistent across the country, as the legislation that covers drinking and driving is the Criminal Code of Canada and is applicable across the country.

Drivers involved in crashes are not routinely tested. Depending on the class (fatal, injury, or property damage) of collision, the officer may not see the driver soon after the collision. In the case of injured drivers, there are a number of problems. In the case of an injured driver who can not provide a breath sample, the officer may request a blood sample. There is a process of obtaining a tele-warrant to subpoena blood from unconscious drivers. The actual practice is not simple or straightforward as it raises other issues related to the chain of evidence, the patientís health and patient confidentiality. In addition, some health care professionals have concerns, real and perceived, about their legal liability and whether it is their job to do alcohol enforcement with their patients. However, testing on fatally injured drivers tends to be high and fairly consistent across the country.

 

Drinking and Driving Laws
by State or Province

Alberta

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

Yes. The learnerís permit has no minimum length. During this period, the candidate must be accompanied by a fully licensed driver. After passing a road test, the candidate receives a probationary license which lasts for 24 months. This becomes a full license if there are no convictions, demerit points, or "at fault" collisions within the 24 months probationary period.

Alcohol Purchase and Consumption

What is the minimum drinking age?

19

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

What are the sanctions for multiple offenses?

Administrative sanctions are under review. Vehicle may be impounded for 30 days for driving with a suspended license.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

First offenders must take an alcohol information course (fee $90 [$59.60 US]). Second and third offenders must undergo a more intensive alcohol awareness education course (fee $190 [$125.84 US]).

What is the process for regranting drivers licenses that have been suspended or revoked?

Alcohol education course plus reinstatement fee of $140 ($92.72 US).

 

Drinking and Driving Laws
by State or Province

British Columbia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

Yes. Must be in Learnerís Stage for 6 months (or 3 months with course) and be accompanied by a fully licensed driver. A "LEARNER" sign must be displayed. A maximum of two passengers are allowed, one of which must be a fully licensed driver. Driving permitted from 5 am to midnight only. The learner must pass a level 1 road test to pass to the next stage. The Intermediate Stage lasts for 18 months. A ĎNOVICE" sign must be displayed on the vehicle. The novice must pass an advanced road test to become fully licensed. BAC limit for both stages is .00.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

.00 for learner or novice drivers.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Other comments on BAC provisions of the law:

Lower BAC limits for younger and new drivers are under review as part of the graduated licension program.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not known.

What is the process for regranting drivers licenses that have been suspended or revoked?

Reinstatement fee of $100 ($66.23 US).

 

Drinking and Driving Laws
by State or Province

Manitoba

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

Yes. Candidate may obtain a learnerís permit at age 15Ĺ if enrolled in a high school driver education course. Learnerís permit must be held for 2 weeks minimum. Probationary license is not restricted. However, a maximum suspension of 1 year may be imposed if convicted of a moving violation. The probationary period will be extended for one year after the suspension expires. Candidate is fully licensed after 12 months probationary period with no convictions or at fault crashes.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

No difference, but under review.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Other comments on BAC provisions of the law:

Provision under review to have lower BAC limits for younger drivers.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

For all Criminal Code convictions, offender must undergo assessment and treatment (fee $270 [$178.82 US]).

What is the process for regranting drivers licenses that have been suspended or revoked?

Driver must undergo assessment and treatment (fee $270 [$178.82 US]) and pay a reinstatement fee of $40 ($26.44 US).

 

 

Drinking and Driving Laws
by State or Province

New Brunswick

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18 (16, instructional permit with parental consent)

Is there a system of graduated licensing for new drivers?

Yes. A graduated licensing program became effective January 1, 1996. In Stage 1, the candidate must be accompanied by a fully licensed driver and no other passengers. After 12 months (or 4 months with approved course) the candidate may take a government road test to proceed to Stage 2. To exit Stage 2, it must be at least 24 months since the issue of the Stage 1 license, and the candidate must have been in Stage 2 for a minimum of 12 months. The BAC limit for both stages is .00.

 

Details of graduated licensing program:

Stage 1:

 

Stage 2:

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

For new drivers, the BAC limit is .00 for a minimum of 27 months.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Note: Roadside suspensions can be enacted at all levels between .05 and .08 and are for a period of 24 hours.

 

Details on Sanctions:

For BAC over .08:

6 months suspension for first offense; 1 year suspension for any subsequent offenses.

 

For Criminal Code offenses of impaired or refusal:

For first offense, a 3 months court prohibition concurrent with a 6 month Motor Vehicle Act suspension and minimum fine of $300 ($198.69 US).

For second offense, a 6 month Criminal Code prohibition with concurrent 1 year Motor Vehicle Act suspension and jail term of 14 days.

For third offense, a 1 year Criminal Code prohibition with concurrent 1 year Motor Vehicle Act suspension and jail term of 90 days.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

First offenders must take a DWI education course. Second and third offenders must take a more intensive DWI course.

What is the process for regranting drivers licenses that have been suspended or revoked?

Drivers must attend a DWI education course and pay a reinstatement fee of $200 ($132.46 US) for first offenders, and $412 ($272.87 US) for second and third offenders.

 

 

Drinking and Driving Laws
by State or Province

Newfoundland

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

17 (16 for learnerís stage)

Is there a system of graduated licensing for new drivers?

Yes, effective January 1999. The Learnerís Stage extends for 12 months, but may be reduced to 8 months if driver education programs are completed. Learner must be accompanied by a fully licensed driver with a minimum 4 years experience. No passengers are permitted and no driving between midnight and 5 am. After successful completion of the road test, candidate must remain in the Newly Licensed Driver Stage for 12 months and have no suspensions. Restrictions in this stage include no driving between midnight and 5 am unless accompanied by a fully licensed driver.

 

Details of graduated licensing program:

Learnerís Stage

 

Newly Licensed Driver Stage

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08, although Newfoundland has .05 regulations that suspend driving priviledges at lower levels of alcohol than the Federal laws.

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

For multiple 24-hour roadside suspensions, driver may be required to complete DWI education. If suspended five or more times within 2 years, driver is required to undergo assessment and treatment. For Criminal Code convictions, a DWI course is required on the first offense (fee $100 [$66.23 US]); assessment and treatment is required for the second and third offenses.

What is the process for regranting drivers licenses that have been suspended or revoked?

Drivers must attend a DWI education course, or undergo assessment and treatment, depending on the circumstances, and pay a reinstatement fee of $100 ($66.23 US).

 

Drinking and Driving Laws
by State or Province

Northwest Territories

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

Graduated licensing program not presently in place but is being considered.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Other comments on BAC provisions of the law:

Lower BAC limits for younger drivers under review.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not required.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

 

Drinking and Driving Laws
by State or Province

Nova Scotia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

The Learnerís Stage is for 3 months with an approved course or 6 months without an approved course. Learner must be accompanied by a fully licensed driver and no other passengers. Must pass a government road test to proceed to the Newly Licensed Stage. In this stage, the newly licensed driver may not drive between midnight and 5 am unless accompanied by a fully licensed driver. The number of passengers is limited to the number of available seatbelts. To exit this stage, the candidate must have been in the Newly Licensed stage for 24 months and must attend a 6 hour defensive driving course. BAC limit of .00 for candidate and for co-driver.

 

Details of graduated licensing program:

Learnerís Stage

 

Newly Licensed Stage

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

For new drivers, the BAC limit is .00 for a minimum of 27 months.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

On the first conviction, a DWI education course is required (fee $120 [$79.48 US]) . On the second and third convictions, the offender must undergo assessment and treatment (fee $300 [$198.69 US]).

What is the process for regranting drivers licenses that have been suspended or revoked?

DWI education course or assessment and treatment, depending on the circumstances, plus a reinstatement fee of $100 ($66.23 US).

 

 

Drinking and Driving Laws
by State or Province

Ontario

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

Stage G1 lasts for 8 months with approved training and for 12 months without training. Co-driver must be fully licensed for a minimum of 4 years and has a .05 BAC limit. G1 driver may do no freeway driving unless accompanied by an instructor. Only one passenger in front, and the number of rear-seat passengers cannot exceed the number of available seatbelts. G1 drivers may not drive between midnight and 5 am. Candidates must pass the G1 test to pass to the G2 Stage. In this stage, the driver may operate passenger cars only and all passengers must wear seat belts. After 24 months in G2, the driver must pass a vigorous G2 test to become fully licensed.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

All new drivers are subject to a BAC limit of .00 for 20 months. Penalty is a 30 day suspension and $90 fine.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

On September 30, 1998, Ontario introduced new measures aimed at drivers who commit Criminal Code offenses. Upon conviction, offenders will be subject to mandatory remedial measures programs; longer suspension periods, including life suspensions, and a longer search period for previous Criminal Code convictions. The search period will gradually be extended to a minimum of 10 years, increased from 5 years. On November 29, 2996, the Ministry of Transportation introduced the Administrative Driverís License Suspension (ADLS) program to help reduce impaired driving in the province. A motorist who blows over the legal limit of .08 or who refuses an alcohol breath test will have his or her driverís license immediately suspended for 90 days. This suspension is independent from any court proceeding and is applied to the driver regardless of the number of previous offenses. If the driver does not blow over the legal limit but there is a presence of alcohol, a police officer may issue a 12 hour license suspension.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

First offenders must take a DWI education course. Second and third offenders must undergo assessment and treatment.

What is the process for regranting drivers licenses that have been suspended or revoked?

DWI education course or assessment and treatment, depending on the circumstances, plus a reinstatement fee of $100 ($66.23).

 

 

Drinking and Driving Laws
by State or Province

Prince Edward Island

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

Candidate may apply for a learnerís permit at age 15Ĺ if enrolled in a novice driver course. The Learnerís Stage is for 12 months. The driver must be accompanied by a fully licensed co-driver and must complete a novice driver or driverís education course 90 days prior to the road test. The Newly Licensed State extends for 24 months. Candidates must be free of driving convictions. BAC limit of .00 in both stages.

 

Details of graduated licensing program:

Learnerís Stage

 

Newly Licensed Driver Stage

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

For drivers under age 19, BAC limit is .01. Learner or novice driver have a BAC limit of .00.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

On the first conviction, a DWI education course is required. On the second and third convictions, the offender must undergo assessment and treatment.

What is the process for regranting drivers licenses that have been suspended or revoked?

DWI education course or assessment and treatment, depending on the circumstances, plus a reinstatement fee of $200 ($132.46 US).

 

 

Drinking and Driving Laws
by State or Province

Quebec

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

Learnerís Stage lasts for 8 to 12 months and driver must be accompanied by a fully licensed driver. In the Probationary Stage, driver has a .00 BAC limit and the license may be suspended after 4 demerit points (15 for fully licensed drivers). Candidate can become fully licensed after 24 months in the probationary stage or at age 25 (providing there are less than 4 demerit points.)

Alcohol Purchase and Consumption

What is the minimum drinking age?

19

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

For new drivers, .00 BAC for the first 24 months. Penalty is an on the spot suspension of 15 days and 3 month suspension upon conviction.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

First offenders must take a DWI education course. Second and third offenders must undergo assessment and treatment.

What is the process for regranting drivers licenses that have been suspended or revoked?

DWI education course or assessment and treatment, depending on the circumstances, plus a reinstatement fee of $300 ($198.69 US).

 

Drinking and Driving Laws
by State or Province

Saskatchewan

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16 (15 for learnerís if enrolled in course)

Is there a system of graduated licensing for new drivers?

Candidate must have a learnerís permit for a minimum of 6 months. Learnerís permit can be obtained at age 15 if enrolled in a high school driver education course. The probationary license period lasts for 24 months but may be extended 12 months if the candidate has accumulated demerit points and is required to attend a driver interview. BAC limit of .04.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

BAC limit of .04.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

For all Criminal Code convictions, offender must undergo assessment and treatment and pay a DWI education course fee of $150 ($99.34 US).

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

 

Drinking and Driving Laws
by State or Province

Yukon

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

Graduated licensing program not presently in place but is being considered.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

First offenders must attend an education course (fee $35 [$23.18 US]). With second conviction, the offender receives an indefinite suspension and must reapply for the license.

What is the process for regranting drivers licenses that have been suspended or revoked?

First offenders must attend an education course. With second conviction, the offender receives an indefinite suspension and must apply to the Driver Control Board (DCB) for reinstatement. With the third conviction, the offender must attend a 35 hour education course and apply to the DCB for reinstatement.

 

 

Drinking and Driving Laws

Denmark

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

No graduated licensing.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Per Capita Consumption (in litres of absolute alcohol):

10.0 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

Since March 1, 1998. Denmark plans to evaluate the new legal limit next year.

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Fines, detention and imprisonment, and the period of disqualification of driverís license may be increased if there are aggravating circumstances such as the driver has been disqualified earlier from driving, or has, through gross disregard of road safety, caused personal injury or damage to property or exposed persons or property to such injury or damages.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Offered but not required.

What is the process for regranting drivers licenses that have been suspended or revoked?

The person must pass a driving test, both a theoretical and a practical test. In some cases, it is possible for the driver to get the license back after half of the period, if he/she has followed a special treatment, but he/she still has to pass the test.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used occasionally.

Testing only if suspicion of intoxication

Used frequently. Breath test at the roadside, followed by a blood test at the police station in case the breath test indicates an illegal blood alcohol concentration.

Testing only on arrest or commission of a traffic violation

Used occasionally. Breath test at the roadside, followed by a blood test at the police station in case the breath test indicates an illegal blood alcohol concentration.

Testing when driver is involved in a crash

Used frequently. Breath test at the roadside, followed by a blood test at the police station in case the breath test indicates an illegal blood alcohol concentration.

 

Under what circumstances is it compulsory for a driver to submit to testing?

Always when the police require a test.

Notes on the level of enforcement of Impaired Driving Laws:

Could be more efficient. In December, there is a high degree of enforcement (due to Christmas parties).

Number of random tests conducted annually, if known:

Not known

 

Drinking and Driving Laws

Finland

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

No. Finnish licensing and relicensing practice, including systemative evaluation of an alcohol or drug problem and rehabiliation when needed, is in preparation.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Per Capita Consumption (in litres of absolute alcohol):

6.6 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

There are two limits: .05 or .25 mg/l for breath; .12 or .6 mg/l for breath for severe drunken driving.

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

Since 1994

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Other comments on BAC provisions of the law:

.12 or .6 mg/l BAC limit for severe drunken driving.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

Not in law, but in praxis about the following:

For a BAC of .05 to .075: 30-40 day fine (depends on income, day fine=1/90 monthly salary).

For a BAC of .075 to .10: 40-50 day fine.

For a BAC of .10 to .119: 50-60 day fine plus 5 month suspension of driverís license.

For a BAC of .12 to .149: 65-90 day fine or 20-50 days imprisonment; 6-7 month suspension of driverís license.

For a BAC of .15 to .20: 40-60 day fines but imprisonment ususally-a conditional sentence according to consideration.

For a BAC of .201 to .25: 60-80 days imprisonment, a conditional sentence according to consideration. Fines always given if the sentence is conditional, plus 10-11 month suspension of driverís license.

Over a BAC of .251: 80 days or more imprisonment, a conditional sentence according to consideration. If the sentence is conditional, the fines are more severe, plus a minimum of 12 month suspension of driverís license.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not available.

What is the process for regranting drivers licenses that have been suspended or revoked?

Finnish licensing and relicensing practice, including systemative evaluation of an alcohol or drug problem and rehabiliation when needed, is in preparation.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently.

Testing only if suspicion of intoxication

Used frequently.

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash

Mandatory.

 

Under what circumstances is it compulsory for a driver to submit to testing?

Testing is always compulsory if policeofficer suspects alcohol.

Notes on the level of enforcement of Impaired Driving Laws:

It is at a good level, only suspension times for driving license are short.

Number of random tests conducted annually, if known:

1.5 to 2.0 million

 

Drinking and Driving Laws

France

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

At age 16, the driver can begin training with an adult ("conduite accompagnee"). The first year of the driving license, the driver is considered a novice driver.

Alcohol Purchase and Consumption

What is the minimum drinking age?

16

What is the minimum purchase age for alcoholic beverages?

16

Per Capita Consumption (in litres of absolute alcohol):

11.5 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05 for a simple offense; .08 is a penal offense

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

Since September, 1995

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Other comments on BAC provisions of the law:

There are two offenses in France: .08 in the blood (.05 for simple offense) and .04 in the breath (.25 for simple offense). Either one or the other can be used.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

Administrative rates for license suspension:

For a BAC of .08 to .10: 1 to 2 months

For a BAC of .101 to .15: 2 to 3 months

For a BAC of .151 to .20: 3 to 5 months

For a BAC of .201 to .25: 5 to 7 months

For a BAC of .251 to .30: 9 to 12 months

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not required, but often decided by the judge. It is not a rehabilitation program, but a medical commission responsible for regranting of driving license. Medical assessments are made for drivers involved in alcohol related crashes or positive BAC over .08.

What is the process for regranting drivers licenses that have been suspended or revoked?

Evaluation by the medical commission is made in the case of alcohol-related suspension of driverís license or revocation of the driving license. Regranting of license has the following steps:

1. Medical examination by a medical commission before regranting.

2. Probationary period of one year, followed by a further examination by the medical commission.

3. Another probationary period if necessary (decided by the medical commission).

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. Of 6,677,808 random tests at check points in 1997, 88,587 were positive.

Testing only if suspicion of intoxication

Used frequently.

Testing only on arrest or commission of a traffic violation

Used frequently.Of 1,522,785 tests conducted in 1997 as a result of traffic violation, 95,115 were positive.

Testing when driver is involved in a crash

Mandatory. Breath testing is mandatory for crashes that require a police report. Both blood or breath tests are permitted. Breath is taken if the driver is able to blow; blood if injured or unable to blow. Of 791,155 tests conducted as a result of crashes, 16,121 were positive.

 

Under what circumstances is it compulsory for a driver to submit to testing?

Testing is compulsory when the driver is involved in a crash requiring a police report.

Notes on the level of enforcement of Impaired Driving Laws:

Enforcement is high:

Of 6,677,808 random tests at checkpoints in 1997, 88,587 were positive.

Of 1,522,785 tests conducted in 1997 as a result of a traffic violation, 95,115 were positive.

Of 791,155 tests conducted as a result of crashes, 16,121 were positive.

Number of random tests conducted annually, if known:

6,677,808 in 1997

 

Drinking and Driving Laws

Germany

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

No graduated licensing.

Alcohol Purchase and Consumption

What is the minimum drinking age?

16

What is the minimum purchase age for alcoholic beverages?

16, 18

Per Capita Consumption (in litres of absolute alcohol):

9.9 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05, .11 for criminal offense

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

.08 since 1973; .05 and .11 for criminal offense since April 1998.

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Other comments on BAC provisions of the law:

A person with a BAC level between .03 and .109 may be deemed incapable of driving if additional evidence (e.g., swerving while driving, ignoring red traffic lights, walking unsteadily) is present. A driver with a BAC between .08 and .109 commits a regulatory offense under the Road Traffic Act. A BAC level between .05 and .079 also constitutes a regulatory offense, but carries a less severe penalty. A person with a BAC level of .11 is deemed completely incapable of driving and commits a criminal offense.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

A person with a BAC level between .03 and .109 may be deemed incapable of driving if additional evidence (e.g., swerving while driving, ignoring red traffic lights, walking unsteadily) is present. A driver with a BAC between .08 and .109 commits a regulatory offense under the Road Traffic Act. A BAC level between .05 and .079 also constitutes a regulatory offense, but carries a less severe penalty. A person with a BAC level of .11 is deemed completely incapable of driving and commits a criminal offense.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Requiring rehabilitation programs depends on the severity of the offence. If the BAC at the first offense was .16 or higher, a medical-psychological investigation is obligatory for regranting the driving license. In some cases, participation in a rehabilitation program is recommended as a result of this investigation.

What is the process for regranting drivers licenses that have been suspended or revoked?

If the BAC was below .16, the driving license can be regranted on request after an individually determined period of time. If the BAC at the first offense was .16 or higher, a medical-psychological investigation is obligatory for regranting the driving license.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Not permitted.

Testing only if suspicion of intoxication

Mandatory if there is any suspicion of intoxication.

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

Blood testing is compulsory if there is a founded suspicion of intoxication.

Notes on the level of enforcement of Impaired Driving Laws:

Estimations of the probability of detection of driving while intoxicated range between 1/50 and 1/500.

Number of random tests conducted annually, if known:

N/A

 

Drinking and Driving Laws

Italy

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

No system of graduated licensing is envisaged. Nevertheless, Article 117 of the Italian Road Users Code states that, for the first three years after having been granted a driving license of the B category (which is valid for driving vehicles not exceeding 3.5 tons), drivers cannot exceed a speed of 100 km/h on highways and 90 km/h on main extraurban roads.

Alcohol Purchase and Consumption

What is the minimum drinking age?

16

What is the minimum purchase age for alcoholic beverages?

16

Per Capita Consumption (in litres of absolute alcohol):

8.8 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

Since 1988

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Other comments on BAC provisions of the law:

A driver with a BAC over .08 is subject to a sanction for "driving under the influence of alcohol."

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Article 186 of the Italian Road User Code states that all drivers driving under the influence of alcohol shall be arrested for a period of up to a maximum of 1 month and shall be subject to a fine varying from 500,000 to 2,000,000 Italian lire ($284.44 to $1,137.75 US), unless other more serious crimes are involved. The arrest is accompanied by an accessory measure consisting of the withdrawal of the driving license for a period varying from 15 days to 3 months, or from 1 to 6 months, if the same driver is guilty of more offenses during 1 year.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not available.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used occasionally.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

The blood alcohol content is checked by means of breath tests. A BAC equal to or greater than .08 per litre must be proven by at least two concordant tests performed 5 minutes apart. The equipment used for BAC measurement is called "etilometro" (ethylometre). BAC tests are usually carried out by the police patrolling the streets, roads and highways, or they may be performed at sanitary facilities (in which case the BAC may also be checked by means of blood tests).

Number of random tests conducted annually, if known:

Not known

 

 

Drinking and Driving Laws

Luxembourg

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Driverís licenses of categories A and B are issued for a limited time period of two years. These licenses are considered as provisional. After this two-year period of instruction and after having participated in a one-day course held in an approved training center, the driver may apply to have his/her license validated for the legal duration.

Alcohol Purchase and Consumption

What is the minimum drinking age?

17, 18

What is the minimum purchase age for alcoholic beverages?

None

Per Capita Consumption (in litres of absolute alcohol):

11.6 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

Since 1972

 

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Sanctions

Not available.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Such programs do not exist yet. However, it is planned to introduce rehabilitation programs in the context of the planned point system to be attached to the driverís license.

What is the process for regranting drivers licenses that have been suspended or revoked?

No general process exists, but regranting of driversí licenses might be submitted to a new test, theoretical and/or practical.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used occasionally.

Testing only if suspicion of intoxication

Used frequently. If the breath test is positive, the driver has to submit to a blood test.

Testing only on arrest or commission of a traffic violation

Used rarely. Both breath and blood testing are permitted.

Testing when driver is involved in a crash

Mandatory if involved in a crash with casualties. Testing is optional when nobody has been injured. Breath and blood testing are permitted.

 

Under what circumstances is it compulsory for a driver to submit to testing?

The alcohol test is mandatory for drivers involved in a crash with casualties. If a public prosecutor orders the police to carry out random roadside checks, all drivers during these checks must take a mandatory alcohol test.

Number of random tests conducted annually, if known:

Not known

 

Drinking and Driving Laws

The Netherlands

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

No. When training for the Certificate of Professional Competence, it is possible to start practical training at the age of 17 years, though severe restrictions apply.

Alcohol Purchase and Consumption

What is the minimum drinking age?

Not known

What is the minimum purchase age for alcoholic beverages?

16, 18

Per Capita Consumption (in litres of absolute alcohol):

8.0 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05 BAC or 220 mg/l BrAC

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

Since 1994

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Other comments on BAC provisions of the law:

Limits for prosecution is BAC of .054, BrAC 235 mg/l

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

The following guidelines are applicable to first offenders, not involved in a traffic crash:

For a BAC 54-80 mg/100ml, f 390 ($194.94 US) (police) or f 500 ($249.92US) (public prosecutor) or f 600 ($299.90 US) (request in court).

For a BAC 81-100 mg/100ml, f 700 ($349.89 US) (public prosecutor) or f 850 ($424.86 US)(request in court).

For a BAC 101-130 mg/100 ml, f 900 ($449.86 US) (public prosecutor) or f 1,100 ($549.82 US) (request in court).

For a BAC 131-150 mg/100 ml, f 1,350 ($674.78 US) plus 6 month probationary license suspension.

For a BAC 151-180 mg/100 ml, f 1,650 ($824.73 US) plus 6 month probationary license suspension.

For a BAC 181-210, mg/100 ml, f 1,900 ($949.69 US) plus 9 month probationary license suspension.

For a BAC 211-250 mg/100 ml, f 2,200 ($1,099.65 US) plus 2 weeks probationary imprisonment plus 9 month probationary license suspension.

For a BAC over 250 mg/100 ml, 2 weeks imprisonment plus 12 month license suspension.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Several ongoing driver training courses are offered on a voluntary basis, including a general refresher course, economical driving, environmentally friendly driving, skid courses, and defensive driving. First offenders with a BAC level between .13 and .21 are obliged to follow a 3-day course at their own expense. If they were involved in a road crash, they are not allowed to follow the course, but must undergo a medical examination in order to establish their driving ability.

What is the process for regranting drivers licenses that have been suspended or revoked?

If an offender takes the 3-day rehabilitation course, he or she can get the license back. If disqualified from taking the course (by BAC level or involvement in a crash) the person must undergo a medical examination.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently.

Testing only if suspicion of intoxication

Mandatory.

Testing only on arrest or commission of a traffic violation

Used occasionally.

Testing when driver is involved in a crash

Used occasionally.

 

Under what circumstances is it compulsory for a driver to submit to testing?

Drivers are obliged to comply to a preliminary breath test for alcohol (screening test) when asked by the police. The police are allowed to impose a temporary driving ban to drivers suspected of being under the influence (as a result of the preliminary breath test or otherwise). A driver suspected of being under the influence is obliged to comply to evidential breath testing (for alcohol) or evidential blood testing (for alcohol or other impairing substances) at the police station. Refusing the evidential breath or blood test is a criminal offense. Refusing the preliminary breath test is a violation of administrative law. A positive result of the preliminary breath test for alcohol is a reason for subsequent evidential breath or blood testing. If the evidential test is refused by the driver, the result of the preliminary breath test will be used as evidence in the subsequent criminal procedure.

Notes on the level of enforcement of Impaired Driving Laws:

In the Amsterdam police region, approximately 90,000 motorists are tested at random annually. This is the equivalent of one test in every five driverís license holders in the Amsterdam region. Testing varies greatly by region. Estimated 500,000 random tests per year nationwide.

Number of random tests conducted annually, if known:

500,000 per year

 

Drinking and Driving Laws

New Zealand

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

15

Is there a system of graduated licensing for new drivers?

New Zealand has had a Graduated Driver Licensing System (GDLS) for private cars and motorcycles since 1987. The graduated system has three levels: a Learner License for which the minimum age is 15 and which must be held for a minimum of 6 months (or 3 months with a certificate of competency from an approved driving school); a Restricted License which must be held for at least 18 months (this can be reduced to 9 months on successful completion of an approved course); and a Full License which the holder of a Restricted License may acquire after serving the minimum time requirements and paying an appropriate fee. The licensing system is being reviewed and a number of changes have been proposed. (See detail)

 

Details of graduated licensing program:

Learner License: Applicant must be at least 15 years of age and must pass an eyesight test, a written theory test on road rules and answer 5 oral questions. [Proposed changes would drop the oral questions and use a more comprehensive theory test.]

 

Learner License conditions:

 

Restricted License conditions:

 

Penalties for Breaching Learner and Restricted Conditions:

The current penalty is an imposition of an extension of up to 6 months on the time a person must remain at their present stage. This extension is imposed administratively by the police. [Proposed change: breaches would incur a fine and a number of demerit points which could eventually lead to a 3 month period of license suspension once 100 points within 2 years is exceeded.]

[Proposed new Automatic only license conditions:

If a person passes their first practical test for Restricted License in a vehicle with an automatic transmission, they will be restricted to driving an automatic transmission until they either pass in a vehicle with manual transmission or pass the proposed new Full License test.]

Alcohol Purchase and Consumption

What is the minimum drinking age?

20

What is the minimum purchase age for alcoholic beverages?

20

Per Capita Consumption (in litres of absolute alcohol):

7.0 (1994/5)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08 percent for drivers aged 20 or older (80 mg alcohol per 100 mls blood or 400 micrograms alcohol/litre breath).

What is the BAC limit for younger drivers, if different?

.03 for drivers aged less than 20 (30 mg alcohol/100 mls blood or 150 micrograms alcohol/litre breath).

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

.08 limit introduced in 1978; legal breath alcohol limit of 400 mgs/litre in 1988; lower limits for under 20 in 1992.

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Other comments on BAC provisions of the law:

In 1998, it was proposed that the lower limits that now apply to novice drivers on Learner and Restricted License holders be discontinued. The basis of this decision arose from a legal opinion that alcohol limits should be set in primary legislation (i.e., an Act passed by Parliament) rather than in secondary legislation (i.e., Transport Regulations which do not generally receive the same level of scrutiny by Parliament). These lower limits by novice drivers were previously considered a license condition and contained in Transport Regulations. As the same lower alcohol limits already apply to all under 20 year old drivers regardless of license status, it is likely that this requirement will capture a considerable percentage of novice drivers on Learner or Restricted Licenses who are also under 20 years of age. Other complications associated with retaining lower alcohol limits for Learner and Restricted License holders are that, for consistency and fairness, it would have been necessary to also apply these same lower limits to unlicensed and disqualified drivers. An anomaly that currently exists means that unlicensed and disqualified drivers (aged 20 or more) are subject to higher alcohol limits than Learner or Restricted License holders in the same age range. Given that unlicensed and disqualified drivers should not be driving at all, a system that treats them more leniently than Learner and Restricted License holders is deemed to lack credibility and fairness. The extension of the lower alcohol limits to unlicensed and disqualified drivers as well as the retention of these same limits to Learner and Restricted License holders and those aged under 20 was believed to create too much complexity for enforcement purposes.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Parliament has recently passed a law to allow road-side license suspension to be applied administratively by the police to grossly intoxicated drivers and those who drive at excessive speeds. A further law recently passed by Parliament which will take effect in 1999 allows the police to immediately impound a vehicle for 12 hours with a possible extension of up to 24 hours on the grounds of public safety.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Drivers who obtain two or more drink-drive convictions in 5 years are disqualified indefinitely from holding or obtaining a driver license and order by the Courts to attend an approved alcohol/drug assessment center. This order is mandatory if the qualifying offense criteria are met. While the disqualification is indefinite, the offender can apply to the Director of Land Transport Safety after 2 years to have the indefinite disqualification removed. The indefinite disqualification will not be removed until the offender attends the assessment center and is able to provide a satisfactory assessment report. This section of the legislation is currently under review as it has some problems especially with regard to significant numbers of offender who never attend the assessment center and remain disqualified although may continue to drive.

What is the process for regranting drivers licenses that have been suspended or revoked?

If the disqualification or suspension is a year or less, the driver can apply for a replacement license and resume driving immediately when the suspension or disqualification has ended. If the person has been continuously disqualified for more than one year, they will be required to resit and pass all the driver licensing tests before being allowed to drive again.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Mandatory. New Zealand operates a random breath testing program called "compulsory breath testing" (CBT) CBT laws give the police the power to test any driver, anytime, and anywhere without first having a good cause to suspect that the driver has been drinking. CBT is usually conducted at check-points although the law also allows mobile patrols to stop and test any driver. Each police district is contracted to deliver a certain number of hours of alcohol enforcement in their local communities. Standards for the level and types of alcohol enforcement activities are specified including CBT operations.

Testing only if suspicion of intoxication

Used frequently. As the police have the power under New Zealandís CBT laws to test any driver, these laws allow them to test where there is suspicion of intoxication or when a traffic violation has been committed. It is highly likely that all drivers who are suspected of being intoxicated will be tested.

Testing only on arrest or commission of a traffic violation

Used frequently. See comments re: testing when suspicion of intoxication.

Testing when driver is involved in a crash

Used frequently. The laws allowing CBT will cover drivers involved in crashes. In most serious crashes attended by the police, it is highly likely that drivers will be tested for alcohol, especially if there is a suspicion that any of the parties were involved in drinking. In fatal crashes, it is usual practice for blood samples to be taken from deceased drivers for blood alcohol analysis as part of the post mortem procedure. Breath and blood alcohol tests can be conducted on drivers involved in crashes if the driver is capable of undertaking a breath test. If the driver is injured or unconscious, a blood specimen can be taken at the hospital at the request of the police.

 

Under what circumstances is it compulsory for a driver to submit to testing?

Breath and blood testing are conducted depending on the levels and breath testing device used. If the person returns an evidential breath test result that is between 400 and 600 micrograms alcohol/litre breath on a conclusive breath-testing device, he or she can elect to have a blood test. However, if their breath alchol level is over 600 micrograms/litre on a conclusive device, they do not have the right to have a blood test and will be prosecuted on the basis on the evidential breath test results. If the alcohol testing is conducted on a non-conclusive device, the person has the right to elect a blood test at all alcohol levels. It is not an offense to refuse to submit to an evidential breath test. However, any person who refuses an evidential breath test will almost certainly be asked to suppy a blood specimen. If the person refuses to comply with this request, he or she can be charged with refusing to supply a blood specimen. This offense has the same penalties as an excess breath or blood alcohol offence.

Notes on the level of enforcement of Impaired Driving Laws:

New Zealandís Road Safety Program for 1998-1999 accounts for approximately 20 percent of the total NZ police budget. Strategic outputs of speed control, drink or drugged driver control, restraint device control and visible road safety enforcement are delivered according to Risk Targeted Patrol Plans which allocate police strategic hours to known road safety risks, days of the week, times of the day, areas, routes and localities. The plans ensure that traffic patrols are optimally targeted and utilized, and provide support for both locally and nationally planned road safety promotion campaigns.

Number of random tests conducted annually, if known:

1.25-1.5 million at CBT checkpoints; 380,000 mobile test

 

Drinking and Driving Laws

Norway

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

A probational license is valid for two years; after which it will automatically be converted into a full driving license. This period cannot be shortened. If the probational license holder causes a serious traffic offence, his/her license is withdrawn, and he or she must pass another theory test and practical test. The probational period is then extended for another two years.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18, 20 (depending on beverage or location)

What is the minimum purchase age for alcoholic beverages?

18, 20 (depending on beverage or location)

Per Capita Consumption (in litres of absolute alcohol):

4.1 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

Not available.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

Not available.

How long has the present BAC limit been in effect?

The Norwegian government plans to propose an amendment to the Road Traffic Act to lower the BAC limit to .02 with an equivalent limit in breath.

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

Suspension of drivers license: Disqualification of the driving license is a possibility for all BAC levels above .05.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Ongoing training is offered, namely driving at night. It is only compulsory if it has not been completed before the issue of the license.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Not available.

Testing only if suspicion of intoxication

Not available.

Testing only on arrest or commission of a traffic violation

Not available.

Testing when driver is involved in a crash

Not available.

Notes on the level of enforcement of Impaired Driving Laws:

Since 1996 the Intoxylizer 5000-N (an instrument for measuring alcohol in breath) was sanctioned as evidence on the same basis as blood samples in road traffic cases.

Number of random tests conducted annually, if known:

Not known.

 

Drinking and Driving Laws

Portugal

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

A probationary system exists for the first license a candidate obtains. The probationary license is valid for two years, after which one automatically gets a permanent license. This period cannot be shortened nor extended. There are no limitations driving with a probational license.

Alcohol Purchase and Consumption

What is the minimum drinking age?

None

What is the minimum purchase age for alcoholic beverages?

Not known

Per Capita Consumption (in litres of absolute alcohol):

11.0 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

Not available.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

Not available.

How long has the present BAC limit been in effect?

Since January 3, 1998

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Other comments on BAC provisions of the law:

The blood alcohol concentration may be determined by a breathalyser or blood test. The Highway Code lays down a conversion formulta of 1 mg of alcohol per liter of air exhaled equals 2.3 mg of alcohol per liter of blood.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

Details on Sanctions:

For a BAC between .05 and .08, a fine between ESC 20,000 and ESC 100,000 ($109.89 to $549.43 US) and banned from driving for between 1 month and 1 year.

For a BAC between .08 and .12, a fine between ESC 40,000 and ESC 200,000 ($219.77 to $1,098.85 US) and banned from driving for between 2 months and 2 years.

Drivers with a BAC over .12 commit a crime punishable under the Code of Criminal Procedure with up to one yearís imprisonment or with a fine plus up to 120 daysí imprisonment.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not available.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash

Mandatory blood tests must be conducted on road crash victims suffering injuries requiring hospital treatment.

 

Under what circumstances is it compulsory for a driver to submit to testing?

The blood alcohol concentration may be determined by a breathalyser or blood test. The Highway Code lays down a conversion formulta of 1 mg of alcohol per liter of air exhaled equals 2.3 mg of alcohol per liter of blood. Drivers unwilling to take a breathalyser test may opt for a blood test instead. Blood tests are conducted on all road crash victims suffering injuries requiring hospital treatment.

Notes on the level of enforcement of Impaired Driving Laws:

In 1997 a total of 875,368 breathalyser tests were conducted, of which 12,319 were positive. Since the introduction of breathalyser tests in 1982, the number of drivers failing the test has been declining. However, 19% of the drivers failing the test had a BAC between .05 and .08, 29% had a BAC between .08 and .12, and 52% had a BAC of .12 or more.

Number of random tests conducted annually, if known:

Not known

 

Drinking and Driving Laws

Spain

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

No. A candidate for driverís license must: 1) take a theoretical examination on the driving civil code, 2) take a practical examination, and 3) have a medical and psychological evaluation on fitness to drive. A new regranting (with medical and psychological examination) is required every 10 years.

Alcohol Purchase and Consumption

What is the minimum drinking age?

16

What is the minimum purchase age for alcoholic beverages?

16

Per Capita Consumption (in litres of absolute alcohol):

10.2 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08 (will be .05 as of May 6, 1999)

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.05 for vehicles over 3,500; .03 for commercial passenger vehicles (will be .03 for both as of May 6, 1999).

How long has the present BAC limit been in effect?

New legislation will be in force on May 6, 1999.

 

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Aspects are under study, but at present are not carried out.

What is the process for regranting drivers licenses that have been suspended or revoked?

A candidate for driverís license must: 1) take a theoretical examination on the driving civil code, 2) take a practical examination, and 3) have a medical and psychological evaluation on fitness to drive. A new regranting (with medical and psychological examination) is required every 10 years.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently.

Testing only if suspicion of intoxication

Used frequently.

Testing only on arrest or commission of a traffic violation

Used frequently.

Testing when driver is involved in a crash

Mandatory.

 

Under what circumstances is it compulsory for a driver to submit to testing?

The law is not well enforced. If the road crash is not so dangerous, the drivers are usually tested. If there is a person injured and removed to the hospital, they are usually not tested. People who are killed in traffic crashes should be screened for alcohol in the blood, but this is quite rare.

Notes on the level of enforcement of Impaired Driving Laws:

Level of enforcement is poor. Note on number of tests: For a population of 39,000,000, with 17,000,000 drivers, over 1,300,000 breath tests were performed in 1997.

Number of random tests conducted annually, if known:

Over 1,300,000 breath tests in 1997

 

Drinking and Driving Laws

Sweden

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

It is easier to lose the license during the first two years and it is not suspended, meaning that the driver must take all licensing tests again to get a new license.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18 in restaurants; 20 in monopoly stores

Per Capita Consumption (in litres of absolute alcohol):

5.3 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.02 for drunken driving and .10 for gross drunken driving

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

A BAC level of .08 was established in 1941. The limit was lowered to .05 in 1957, and to .02 in 1990.

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

In practice, in order to be able to get a medical certificate (see notes on regranting of license), a problem drinker must attend a rehabilitation program.

What is the process for regranting drivers licenses that have been suspended or revoked?

If license is suspended for less than 12 months, the offenderís license is reinstated automatically after the stipulated period of time but if suspended for more than 12 months, licensing tests must be taken again. To be relicensed after conviction of gross drunken driving, the driver must get a medical certificate to prove he/she is not dependent on alcohol or other drugs. This certification involves several checkups and liver enzyme testing. The license is conditional for 24 months.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. Any policeofficer can stop any driver at any time and any place and request a screening breath sample. A positive sample = suspicion which leads to evidentiary testing which can be either blood or breath.

Testing only if suspicion of intoxication

Used frequently.

Testing only on arrest or commission of a traffic violation

Used frequently.

Testing when driver is involved in a crash

Used frequently.

 

Under what circumstances is it compulsory for a driver to submit to testing?

A driver cannot refuse. If he or she refuses a breath test, blood will be taken with force if necessary.

Notes on the level of enforcement of Impaired Driving Laws:

Enforcement has high priority. About 1.2 million random breath tests per year in a population of approximately 4.5 million drivers.

Number of random tests conducted annually, if known:

1.2 million

 

Drinking and Driving Laws

United Kingdom

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

17

Is there a system of graduated licensing for new drivers?

No graduated licensing, but drivers who get 6 or more penalty (demerit) points within 2 years must take a re-test. This does not affect drink-drive.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18 (though no effective control of consumption)

Per Capita Consumption (in litres of absolute alcohol):

7.3 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08; Breath alcohol limit 35 microgrammes/100 ml (.35 male); urine alcohol limits 107 mg/100 ml (1.07 g/e).

What is the BAC limit for younger drivers, if different?

No difference.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

No difference.

How long has the present BAC limit been in effect?

Since 1967. The UK Government is currently considering lowering the BAC limit to .05.

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

The UK has a scheme for medical screening of high risk offenders, those whose blood alcohol is over .20 or who have been convicted two or more times within 10 years, or who have refused to provide a specimen. If the screening shows an alcohol problem, a license can be refused, or restricted for a short period, on medical grounds.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Since 1993, the UK has made experimental use of rehabilitation courses for drink-drive offenders. They are available in certain areas only and if the court orders the offender to attend the course. Disqualification is reduced by 25%. The scheme may become permanent and nationwide in 2000 subject to a Parliamentary approval.

What is the process for regranting drivers licenses that have been suspended or revoked?

They must apply and pay a fee. If they are repeat offenders or had blood alcohol of 200 mg/100 ml (2.0 g/l) they must also provide medical evidence that they are not physically invalid to drive through alcohol dependency. Courts may order a driving test, but this is rare.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Not permitted, although random stopping is permitted and can lead to testing on suspicion.

Testing only if suspicion of intoxication

Used frequently.

Testing only on arrest or commission of a traffic violation

Used frequently when an offense involving moving traffic is observed.

Testing when driver is involved in a crash

Used frequently. Police policy is to do this whenever practicable.

 

Under what circumstances is it compulsory for a driver to submit to testing?

In the UK the police have virtually unlimited powers to stop a driver, but may only administer a breath test if a) the driver has been in a crash, b) the driver is believed to have committed a traffic offense, or c) the policeofficer has a resonable suspicion that the driver has been drinking.In any cases, breath testing is used for screening at roadside; breath, blood or urine for evidential purposes.

Notes on the level of enforcement of Impaired Driving Laws:

Reasonable and increasing. The drink-drive limit has remained unchanged since it was first introduced, along with roadside breath testing, in 1967. Evidential breath testing was introduced in 1983 as an alternative to the taking of blood samples. By streamlining the prosecution procedure, this has encouraged a large increase in roadside enforcement. Better roadside screening devices have also increased enforcement. In 1996, over 780,000 roadside tests were carried out in England and Wales alone, compared with 241,000 in 1983.

Number of random tests conducted annually, if known:

N/A