On DWI Laws in Other Countries

Transcription

1 * * U.S. Departmet of Trasportatio Natioal Highway Traffic Safety Admiistratio People Savig People DOT HS March 2000 O DWI Laws i Other Coutries *

2 Techical Report Documetatio Page 1. Report No. 2. Govermet Accessio No. 3. Recipiet's Catalog No DOT HS Title ad Subtitle 5. Report Date O DWI Laws i Other Coutries March Performig Orgaizatio Code 7. Author(s) Kathry Stewart 8. Performig Orgaizatio Report No. 9. Performig Orgaizatio Name ad Address 10. Work Uit No. (TRAIS) Viea, Vir giia 11. Cotract or Grat No. Order #DTNH22-98-P Sposorig Agecy Name ad Address 13. Type o Report ad Period Covered Natioal Highway Traffic Safety Admiistratio Fial Report Office of Research ad Traffic Records February March 2000 Research ad Evaluatio Divisio 14. Sposorig Agecy Code 400 7"' Street, S.W., Washigto, D.C Supplemetary Notes The Cotractig Officer's Techical Represetative for this project was Dr. Patty Elliso-Potter. 16. Abstract Much of the progress that has bee made i impaired drivig i the last decade or more has bee facilitated by lessos leared from other coutries. It is therefore both timely ad appropriate for the Natioal Highway Traffic Safety Admiistratio to sposor a systematic effort to gather iformatio about impaired drivig laws from coutries aroud the world. The primary purpose of this project was to provide comparisos with the Uited States, ad therefore possible guidace i the developmet ad implemetatio of impaired drivig policies i this coutry. Iformatio o DWI laws was collected from the followig coutries: member of the Europea Uio, icludig Austria, Belgium, Demark, Filad, Frace, Germay, Greece,. Irelad. Italy, Luxembourg, The Netherlads, Portugal, Spai, Swede, ad the Uited Kigdom, Norway, Switzerlad, Caada, Mexico, Australia, New Zealad, ad Japa. The specific DWI laws icluded were the illegal blood alcohol cotet (BAC) levels for various classes of drivers, the miimum purchase age for alcohol, age of drivig licesure. stadard sactios for firs offeses ad multiple offeses, the impositio of more severe sactios for drivers with higher BACs, graduated licesig systems, ad systems for the regratig of liceses. Additioally, social attitudes about drikig ad drivig was obtaied. ad the potetial impact of iteratioal free trade agreemets o laws ad policies related to traffic safety was discussed. 17. Keywords 18. Distributio Statemet DWI Coutries Sactios Documet is available through the Natioal Techical Iforlatiol Laws Iteratioal Graduated Licesig Systems Service Sprigfield, Virgiia Security Classif. (of this report) 20. Security Classif (of this page) 21. No. of Pages 22. Price 167 Form DOT F (8-72) Reproductio of completed page authorized

3 Table of Cotets Executive Summary...2 Coutries Icluded... 2 Laws Icluded... 3 Methodology... 3 Results... 3 Backgroud ad Itroductio... 5 Coutries Icluded... 5 Laws Icluded... 6 Methodology... 6 Compariso of Impaired Drivig ad Related Laws...7 Impaired Drivig Laws... 7 Illegal BAC... 7 Sactios... 8 Drivers Licesig Laws Eforcemet Alcohol Use...49 Laws Related to Youth...50 Social Attitudes about Drikig ad Drivig i Europe...54 The Impact of Iteratioal Trade Agreemets...56 Other Research Needed...57 Refereces...59

4 Executive Summary Much of the progress that has bee made i impaired drivig i the last decade or more has bee facilitated by lessos leared from other coutries. It is therefore both timely ad appropriate for the Natioal Highway Traffic Safety Admiistratio to sposor a systematic effort to gather iformatio about impaired drivig laws from coutries aroud the world. The itet of this effort is to cotribute to our uderstadig of impaired drivig coutermeasures ad of how the curret situatio i the Uited States compares to other coutries. The parameters of the report are described below. Coutries Icluded The primary purpose of this project is to provide comparisos with the Uited States, ad therefore possible guidace i the developmet ad implemetatio of impaired drivig policies i this coutry. Therefore, the mai focus of data collectio was o coutries that would be cosidered most directly comparable to the Uited States, ecoomically ad demographically, as well as those coutries with which we have the most direct dealigs. These coutries iclude: Members of the Europea Uio, icludig Austria, Belgium, Demark, Filad, Frace, Germay, Greece, Irelad, Italy, Luxembourg, The Netherlads, Portugal, Spai, Swede, ad the Uited Kigdom Other wester Europea coutries, icludig Norway ad Switzerlad Caada Mexico Australia New Zealad Japa Other coutries of possible iterest were icluded as data were available.

5 Laws Icluded While may differet laws are relevat to impaired drivig, this project focused o several of the most importat laws. These laws iclude: Illegal blood alcohol cotet (BAC) levels for various classes of drivers; The miimum purchase age for alcohol; Age of drivig licesure; Stadard sactios for first offeses ad multiple offeses; The impositio of more severe sactios for drivers with higher BACs Graduated licesig systems; Systems for the regratig of liceses. Methodology Most of the iformatio for this report was gathered through iquiries from key iformats idetified i each of the coutries of iterest. Iquiries were made through phoe cotacts, , ad face-to-face discussios. Whe iformatio proved to be uobtaiable through the above procedure(s), the iformatio was sought from published sources. Most iformats were from govermet trasportatio agecies (e.g., Federal Office of Road Safety i Australia; Caadia Coucil of Motor Trasport Admiistrators). Some iformats were from relevat uiversity departmets (e.g., Dept. Farmacologia y Terapeutica, Uiversidad Valladolid of Spai). I some cases, available iformatio was collected from other published (e.g., Law Library of Cogress) or upublished sources (e.g., iteral reports from agecies; persoal cotacts through the Director Geeral 7 of the Europea Uio). Appedix A idicates the source(s) of iformatio for each coutry. Results The results of the overview of laws idicate some of the major differeces across coutries ad some of the cotrasts betwee the Uited States ad other coutries. Major fidigs iclude:

6 The illegal BAC for most of the Uited States is higher tha for ay of the other coutries studied. The miimum purchase age for alcohol is older i the Uited States tha for almost all other coutries studied. Licesig age for most coutries is some years older tha the miimum purchase age for alcohol. Sactios i other coutries ted to be based primarily o arrest BAC. The potetial impact of iteratioal free trade agreemets o laws ad policies related to traffic safety must be cosidered i this cotext. Aother importat factor i iteratioal comparisos is the cultural differeces reflected i public attitudes towards impaired drivig ad towards relevat laws. Aalysis of the relatioship betwee laws related to impaired drivig ad the proportio of alcohol-related crashes is a logical ext step. This aalysis must be udertake with cautio because of the complicated measuremet issues iheret i reportig of alcohol ivolvemet i traffic crashes.

7 Backgroud ad Itroductio Much of the progress that has bee made i impaired drivig i the last decade or more has bee facilitated by lessos leared from other coutries. For example, the Uited States drew valuable lessos regardig deterrece from aalyzig the results of the British Road Safety Act of Similarly, we have leared about alcohol policy ad serious eforcemet ad pealties from some of the Scadiavia coutries. The Australia experiece with radom breath testig has iflueced some of our ow eforcemet efforts. It is therefore both timely ad appropriate for the Natioal Highway Traffic Safety Admiistratio to sposor a systematic effort to gather iformatio about impaired drivig laws from coutries aroud the world. The itet of this effort is to cotribute to our uderstadig of impaired drivig coutermeasures ad of how the curret situatio i the Uited States compares to other coutries. The parameters of the report are described below. Coutries Icluded The primary purpose of this project is to provide comparisos with the Uited States, ad therefore possible guidace i the developmet ad implemetatio of impaired drivig policies i this coutry. Therefore, the mai focus of data collectio was o coutries that would be cosidered most directly comparable to the US, ecoomically ad demographically, as well as those coutries with which we have the most direct dealigs. These coutries iclude: Members of the Europea Uio, icludig Austria, Belgium, Demark, Filad, Frace, Germay, Greece, Irelad, Italy, Luxembourg, The Netherlads, Portugal, Spai, Swede, ad the Uited Kigdom Other wester Europea coutries, icludig Norway ad Switzerlad Caada Mexico Australia New Zealad Japa Other coutries of possible iterest were icluded as data were available. These iclude Brazil, the Czech Republic, ad Russia.

8 Laws Icluded While may differet laws are relevat to impaired drivig, this project focused o several of the most importat laws. These laws iclude: Illegal blood alcohol cotet (BAC) levels for various classes of drivers; The miimum purchase age for alcohol; Age of drivig licesure; Stadard sactios for first offeses ad multiple offeses; The impositio of more severe sactios for drivers with higher BACs Graduated licesig systems; Systems for the regratig of liceses. For some coutries, of course, laws are ot stadard atio-wide, but rather vary by state or provice. Where this is the case, iformatio about each sub-atioal etity is reported separately. Each of these areas of legislatio, policy, ad practice is discussed below. I additio, Appedix B provides iformatio for each coutry. Methodology Most of the iformatio for this report was gathered through iquiries from key iformats idetified i each of the coutries of iterest. Iquiries were made through phoe cotacts, , ad face-to-face discussios. Whe iformatio proved to be uobtaiable through the above procedure(s), the iformatio was sought from published sources. Most iformats were from govermet trasportatio agecies (e.g., Federal Office of Road Safety i Australia; Caadia Coucil of Motor Trasport Admiistrators). Some iformats were from relevat uiversity departmets (e.g., Dept. Farmacologia y Terapeutica, Uiversidad Valladolid of Spai). I some cases, available iformatio was collected from other published (e.g., Law Library of Cogress) or upublished sources (e.g., iteral reports from agecies; persoal cotact through the Director Geeral 7 of the Europea Uio). Appedix A idicates the source(s) of iformatio for each coutry. ^ 6

9 Compariso of Impaired Drivig ad Related Laws Impaired Drivig Laws. Several types of legislatio may play key roles i cotrollig impaired drivig. These iclude the BAC level established as illegal, the sactios imposed for impaired drivig uder differet circumstaces, the use of rehabilitatio programs for offeders, ad the system for regratig the liceses of offeders whose drivig privilege has bee suspeded or revoked. Existig laws i each of these areas are described below. Illegal BAC All coutries icluded i.the study have established a blood alcohol cotet that is cosidered either per se or preemptive evidece of impairmet. The illegal BAC level has bee foud to have a effect o impaired drivig crashes (Johso ad Fell 1995, Aberg 1995). As ca be see i Table 1, all of the coutries studied had a BAC level lower tha that established i most of the Uited States (.10). The lowest illegal BAC level is i Swede (.02). The majority of coutries have established.05 as the illegal BAC, with the remaiig coutries maitaiig a illegal level of.08. The tred has bee dowward i recet years, with ie coutries havig reduced the illegal BAC level withi the past five years or with ew lower limits about to be implemeted. These recet reductios i illegal BAC levels have resulted i some pre-post evaluatios of the effects of the chage. Belgium lowered its limit to.05 i December of 1994, reportig a 14 percet reductio i fatalities i the followig year. The legal limit i Frace was lowered to.05 i December of Fatal crashes i 1996 were reduced by 4 percet (ETSC 1997). As metioed above for driver licesig laws, a few coutries have established a lower BAC for youg drivers. Such laws have bee foud to be effective i the Uited States i reducig alcohol- related crashes amog youg drivers (Higso et al. 1994, Blomberg 1992).

10 Iterestigly, few coutries have established lower BACs for drivers of commercial vehicles or vehicles used i public trasportatio. This is i cotrast to laws i the Uited States regardig commercial drivers i which ay alcohol preset removes the driver from service for 24 hours ad a BAC of.04 is a legal violatio. Sactios Research has foud that the ature ad severity of sactios ca have a effect o impaired drivig crashes. As ca be see i Table 2, most coutries have established fies ad licesig sactios for impaired drivig offeses. Jail seteces are also possible i most coutries. Fies i some coutries (e.g., Filad ad Swede) are based i part o the offeder's icome. Licese sactios vary widely. For example, i the Uited Kigdom, first offeders rarely receive licese pealties. I Italy, the suspesio is for 15 days for a first offese ad oe moth for a repeat offese. Licese suspesios more typically ru three moths or more. A key differece amog coutries is the basis upo which more severe pealties apply. I the Uited States, most states establish pealties based o whether the offeder had oe or more previous offeses. Pealties may also deped o whether the impaired drivig icidet resulted i a crash ad whether the crash resulted i a ijury or death. I the majority of other coutries, by cotrast, the arrest BAC is of primary importace i determiig the pealty. -^B

11 Table 1: BAC Limits for Categories of Drivers Coutry BAC Limit Date Eacted BAC for Youger Drivers BAC for Others Australia i.05 See State detail See State detail See State detail Australia Capitol Territory Sice Jauary 1, for learers, provisioal liceses; for ew.02 for drivers of vehicles over 15 drivers uder the age of 25; for the first 3 years GVMt plus dagerous goods..02 of drivig. for drivers of licesed public vehicles New South Wales.05 sice December 17, 1982;.02 for.02 for learers, provisioal liceses (sice.02 for drivers of heavy vehicles > learer sice April 2, 1985,.02 for 4/2/85);.02 for ew drivers uder the age of 25; 13.9GVMt ad dagerous or youger drivers, passeger or heavy for the first 3 years of drivig (sice 1/1/91) radioactive goods vehicles, vehicles sice Jauary 1, 1991 buses, taxi cabs, hire cars :... (passeger vehicles >13.9t) Norther Territory.05 passed i 1992, implemeted i.00 (.02 tolerace) for ulicesed, learer ad.02 for drivers of vehicles 1994;.00 for ew drivers i 1985;.00 provisioal licese drivers (1985) >15GVMt +- dagerous goods; of for certai vehicles passed i 1992, but buses with more tha 12 seats commecemet pedig ad vehicles with passegers i load space. Queeslad.05 sice December 20, for.00 (.02 tolerace) for drivers uder tolerace for drivers of youg drivers ad drivers of buses or vehicles > 4.5GVMt, ad for.. heavy vehicles sice Jauary 1, drivers of buses.... South Australia.05 sice July 1, for youg.02 for drivers up to 19 years..02 for drivers of vehicles > 15 drivers ad drivers of certai vehicles GVMt; drivers of buses with more sice Jue 1, 1992 tha 12 seats, taxis, ad hire cars Tasmaia.05 sice Jauary 6, 1983;.00 for ew.00 (.02 tolerace) for 3 years for ew drivers.00 (.02 tolerace) for drivers of drivers ad drivers of certai vehicles ad those ot holdig a licese for 12 moths. vehicles >4.5+ >7.5 combiatio; sice May 1992 for buses with more tha 12 seats ad licesed public vehicles. Victoria.05 sice Jue (.02 tolerace).00 (.02 tolerace) for 1st year probatioary ad..02 tolerace for drivers of for ew drivers ad drivers of heavy or ulicesed drivers. Zero limit exteded for first vehicles >15GVMt, ad drivers of passeger vehicles sice Jauary 1, three years of licese. (8/2/90) buses with 12 or more passegers.

12 Table 1- Cotiued. Coutry BAC Limit Date Eacted BAC for Youger Drivers BAC for Others Wester Australia.05 sice September 1988;.02 for probatioary drivers sice August for probatioary drivers for 12 moths Legislatio proposed but ot yet passed:.02 BAC limit for drivers of vehides >15 ad for drivers of buses with more tha 8 seats, taxis, hire cars Austria.05 or 0.25 mg/i i Sice Jauary 1, 1998 (BAC for ovice 0.01 or.05 mg/i i breath for ovice drivers 0.01 or.05 mg/i i breath for breath drivers sice 1992) durig a 2-year probatio period ad for riders of drivers of vehicles over 7.5 tos motorcycles ad other vehides age 20 or less or-buses : Belgium or 0.22 mg/liter of Sice December 1, 1994 No differece. No differece breath Brazil.08 Not available Not available Not available Caada 's See details by Provice. See details by Provice Alberta No differece....;... No differece British Columbia No differece, but uder review. No differece Maitoba No differece, but uder review No differece. New Bruswick For ew drivers, the BAC limit is.00 for a No differece. miimum of 27 moths. Newfoudlad.05 regulatios that susped drivig No differece. No differece. priviledges at lower levels of alcohol tha the Federal laws. Northwest Territories No differece. No differece. Nova Scotia For ew drivers, the BAC limit is.00 for a No differece. miimum of 27 moths. Otario All ew drivers are subject to a BAC limit of.00 No differece. for 20 moths. Pealty is a 30 day suspesio ;... ad $90 fie. Price Edward Islad For drivers uder age 19, BAC limit is.01. No differece. Quebec For ew drivers,.00 BAC for the first 24 moths. No differece. Pealty is a immediate suspesio of 15 days ad 3 moths suspesio upo covictio.... Saskatchewa BAC limit of.04. No differece

13 Table 1- Cotiued. Coutry BAC Limit Date Eacted BAC for Youger Drivers BAC for Others Yuko...,......_..._..._ _..._..._...; No differece. No differece. Czech Republic.00 Not available Not applicable. Not applicable. Demark.05 Sice March 1, Demark plas to No differece. No differece. evaluate the ew legal limit ext year Filad There are two limits: Sice 1994 No differece. No differece..05 or 0.25 mg/i for breath; 0.12 or 0.6 mg/i for breath for severe druke drivig Frace.05 for a simple Sice September, 1995 No differece. No differece. offese;.08 is a peal offese : Germay.05, 0.11 for crimial.08 sice 1973;.05 ad 1.10 for crimial No differece. No differece. offese offese sice April = Greece 05 Not available Not available Not available : Irelad.08 Not available Not available Not available Italy.08 Sice 1988 No differece. No differece Japa i... practive... Sice 1970 Not applicable. Not applicable Luxembourg _.08 Sice 1972 No differece, No differece Netherlads.05 BAC or 220 mg/i Sice 1994 No differece, No differece. BrAC Zea New Zealad.08 for drivers 20 or.08 limit itroduced i 1978; legal breath.03 percet for drivers aged less tha 20 (30 mg No differece. older (80 mg alcohol alcohol limit of 400 mgsaitre i 1988; alcohol/100 mis blood or 150 micrograms per 100 mis blood or lower limits for uder 20 i 1992 alcohol/litre breath) 400 micrograms alcohol/litre breath) Norway.05 The Norwegia govermet plas to Not available Not available propose a amedmet to the Road Traffic Act to lower the BAC limit to with a equivalet limit i breath Portugal Sice Jauary 3, 1998 Not available Not available 11

14 Table 1- Cotiued. Coutry BAC Limit Date Eacted BAC for Youger Drivers BAC for Others Russia.02 Not available Not available Not available Spai.08 (will be.05 as of May 6, 1999) New legislatio will be i force o May 6, 1999 No differece.05 for vehicles over 3,500;.03 for passeger vehicles (will be.03 for both as of May 6, 1999). Swede. 22 for druke A BAC level of.08 was established i No differece. No differece. drivig ad 0.10 for The limit was lowered to.05 i gross druke drivig 1957, ad to.02 i Switzerlad.08 Not available Not available Not available Uited Kigdom.08; Breath alcohol Sice The UK Govermet is No differece. ` No differece. limit 35 curretly cosiderig lowerig the BAC microgrammes/100 ml limit to.05. (0.35 male); urie alcohol limits 107 mg/100 ml (1.07 g/e) , Uited States.08 i 17 States Varies from State to State.00 to.02 i all States.04 for commercial drivig licese.10 i 33 States (Ay alcohol is grouds for removal from service for 24 hours.) 1 12

15 Australia Table 2: Summary of Sactios for First ad Multiple Offeses Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio Australia Capitol Fies are graduated accordig to BAC level, Fies follow the same graduated scale Territory begiig with.02 ad are combied with some accordig to BAC level but amouts are suspesio of licese ad possible imprisomet icreased for multiple offeses. for higher BAC levels. Licese suspesios are graduated accordig Licese suspesio icreases with BAC level, to BAC level as with first offese, but legth of begiig with a possible 3 moth suspesio for suspesio is icreased for multiple offeses. a BAC of.02 to.05, ad icreasig to a Legth of setece icreases for multiple maximum of 36 moths for a BAC of over 1.5. offeses. For.08 to.15, the offeder is fied up to 10 pealty uits ad/or 6 moths maximum gaol ad 12 moths maximum suspesio. For BAC over.15, fies up to 15 pealty uits ad/or 9 moths maximum gaol ad 36 moth maximum... suspesio. New South Wales Fies are graduated based o BAC level. For Fies for multiple offeses follow a similar drivers uder 25 ad professioal drivers with graduated scale accordig to BAC level, but BAC betwee.02 ad.05, maximum fie of $550 amouts are icreased. ($ US) ad automatic 3 moth Legth of period of disqualificatio icreases disqualificatio. Fies icrease with BAC level with multiple offeses. All BAC levels over.02 for drivers uder 25 ad Up to 9 moths for BAC of.08 to.15; 12 moths professioal drivers, ad over.05 for all other for BAC greater tha.15. drivers icur a automatic disqualificatio of the licese. The legth icreases with icreased BAC level. Immediate suspesio of licese for a high rage PCA offece. Up to 6 moths imprisomet possible for BAC of.08 to. 15; icreasig to up to 9 moths for BAC greater tha

16 Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio Norther Territory Fies are graduated accordig to BAC level ad Fies follow a similar schedule as with first Repeat offeders with BAC of.08 to.15 may be combied with licese suspesio ad possible offese accordig to BAC level, but amouts seteced to a 14 hour course for repeat imprisomet. Rage is from $500 to $1,000 ad legth of licese suspesio ad offeders. ($ to $ US). imprisomet icreases for multiple offeses. Refusig a blood test carries the same pealties Legth of licese suspesio for drivers who are Rage is from $750 to $2,000 ($ to as a BAC of over.15. uder 18 or who have a learer or provisioal $1, US). licese ad a BAC level over.00 is a miimum 3 Legth of suspesio follows a similar schedule moth licese loss. Legth of suspesio is as with first offese, but legth is icreased for graduated for icreasig BAC levels up to a 12 multiple offeses. Rage is 6 moth miimum to moth miimum immediate suspesio for a BAG 5+ years. of over. 15. Legth of imprisomet follows a similar Possible imprisomet terms ragig from 3 schedule as with first offece, but legth is moths to 12 moths maximum, graduated by icreased for multiple offeses Rage is from 6 BAC level. moth miimum to 12 moths maximum. Queeslad $1050 ($ US) maximum fie for drivers Maximum $1,500 ($ US) fie for BAC After umerous drik drivig offeses, if ca be uder 25 ad drivers of specified vehicles for betwee.05 ad.15. Fies icrease with BAC made a coditio of covictio to udergo a BAC level up to.05. Fies icrease with BAC level up to a maximum of $2,550 ($1, rehabilitatio course coducted by the level up to a maximum of $2,100 ($1, US) US) for BAC of over.15. Queeslad Corrective Services Commissio. fora BAC of over. 15. (See detail.) 3 moths to 2 years disqualificatio of licese There is a automatic suspesio of 24 hours for depedig o BAC level ad umber of all BAC levels. Disqualificatio of licese for 3 to offeses. 9 moths depedig o BAC level. 6 to 18 moths imprisomet depedig o Possible 3 to 9 moths imprisomet depedig BAC level ad umber of offeses. o BAC level.

17 Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio South Australia Fie for learers or probatioary drivers with BAC Rage is $700 to $2,500 ( $ to If covicted of 2 or more drik drivig offeses over.00 is a maximum $1,000 ($ US): $1, US) depedig o BAC level. withi 3 years i the metropolita area, the the Fies for other drivers rage from $114 to $1,200 Rage is 12 moths to 3 years depedig o court orders that the driver must be referred for ($71.71 to $ US) depedig o BAC level BAC level. Drik Driver Assessmet. ad circumstaces of adjudicatio. For BAC over.15 (DUI), 6 moth maximum Learers or probatioary drivers with BAC over gaol..00 receive 6 moth disqualificatio. Other drivers ca be disqualified for periods of 6 to 12 moths depedig o BAC level. Demerit poits o the licese are also give depedig o BAC level. For BAC over.15 (DUI), 3 moth maximum gaol Tasmaia Fies rage from $200 to $3,000 ($ to Fies rage from $400 to $6,000 ( $ to A offeder cosidered to be alcohol depedet $1, US) depedig o BAC level. $3, US) depedig o BAC level. (I.e. very high BAC levels or multiple drik drivig Licese suspesio rages from 3 to 36 moths Licese suspesio rages from 6 to 72 moths offeses) ca be required to atted depedig o BAC level. depedig o BAC level. rehabilitatio. Priso seteces rage from 3 to 12 moths depedig o BAC level. Priso seteces rage from 6 to 24 moths depedig o BAC level.

18 Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio Victoria $1,200 ($ US) maximum fie. $2,500 ($1, US) maximum fie. I March 1987, police were give the power to For learers or probatioary drivers with BAC For all 2d offeders, police have the power to susped the licese o the spot util the case is over.00, disqualificatio of licese for 6 moths susped the licese o the spot util the case is heard, where a BAC is.15 or more. I Jue maximum, 1 moth miimum with extesio of heard. 1991, the power was exteded to iclude all 2d probatioary period for up to 7 moths. offeders. For other drivers with BAC over.05, legth of disqualificatio begis at 6 moths ad icreases with each poit of icreased BAC. Police have power to susped the licese o the spot util the case is heard for BAC of.15 or greater. For culpable DUI, up to 15 years gaol ad/or $180,000 ($113, US) maximum fie plus 2 years miimum disqualificatio. For DUI liquor or drug, $2500 ($1, US) maximum fie or 3 moths gaol plus 2 years miimum disqualificatio. Wester Australia Fies rage from $100 to $800 ($69.90 to For BAC over.08, fies for multiple offeses The pealties for traffic offeses i Wester $ US) depedig o age ad BAC level. rage from $600 to $2,500 ($ to Australia have recetly udergoe a major $600 ($ US) miimum fie for failure to $1, US) depedig of the umber of review. Regulatory ad legislative chages are provide a breath test. offeses. curretly beig progressed. The drik drivig For BAC greater tha.08, a fie of $500 to $800 Period of disqualificatio for multiple offeses pealties require legislative chages ad are ($ to $ US) with a 3 moth rages from 6 moths to permaet curretly i the Wester Australia Parliamet. miimum licese disqualificatio. For failure to disqualificatio depedig of the umber of provide breath test whe requested, a miimum offeses. fie of $600 or 6 moths suspesio. For secod offese of drivig uder the ifluece of alcohol or drugs, $1,000 to $1,800 ($ to $1, US) fie or6 moths gaol with a 2 year miimum disqualificatio. For third offese, fie is $1,200 to $2,500 ($ to $1, US) or 18 moths gaol with permaet disqualificatio of licese. J16

19 Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio Austria Fies icrease icremetally accordig to BAC For multiple offeses the amout of the fie is Novice drivers (durig their first two years) have level. Rage of fies is from 3,000 ATS ($ icreased. The amout of the icrease depeds to udergo a compulsory additioal course. US) for a BAC level of.05 to 80,000 ATS o the seriousess of the offese. Commuity service ca be imposed after ($6, US) for a BAC of. 16 or greater. For a BAC of.05 to.08, licese is suspeded accidets istead of imprisomet (maily for For a BAC level of.08 to.12, the licese is oly after repeated offeses. O the secod youger drivers). For BAC level of.12 to.16 a suspeded for at least 4 weeks. The legth of offese, the licese is suspeded for 3 weeks; psychological driver-improvemet course for suspesio icreases with higher BAC levels. after the third offese i oe year, the druk drivers is required. For BAC level over. 16 Ivolvemet i a accidet will also icrease the suspesio is ot less tha 4 weeks. For a additioal drivig test (both medical ad legth of the suspesio. repeated offeses ad accidet ivolvemet the psychological) is coducted. If the driver causes a accidet ivolvig ijuries, periods may be cosiderably loger, depedig The costs of driver-improvemet must be paid the court may order imprisomet. The legth of o the case ad the resposible authority. from the driver (betwee 6,600 ad 7,400 ATS setece depeds upo the seriousess of the [$ to $ US]) ijury. If the driver refuses a breath-check for alcohol or blood-test a. 16 BAC is assumed with all its legal cosequeces: fie, licese suspesio after I immediate takig off the licese o positio, additioal psychological course for druk drivers ad a additioal drivig-test (medical ad psychological) - established i law sice Belgium For.05 to.08 BAC (.22 to.35 mg/i)a miimum For the secod offese withi 3 years, 80,000 to Commuity service is possible. fie of 5,000 BEF ($ US); for greater tha 1,000,000 BEF ($2, to $27, US).08 BAC (.35mg/I) a miimum fie of 400,000 (fie is doubled for subsequet offese withi 3 BEF ($10, US). years.) Brazil Immediate withdrawal of the licese is possible; forfeiture with ticket of pealty. Possible imprisomet for 15 days to 6 moths. Iformatio ot available Immediate withdrawal of licese for 15 days plus possible additioal 15 days afterjudicial decisio. Forfeiture for eight days to 5 years for repeat offese withi three years. Possible imprisomet for 1 moth to 2 years (pealty is doubled for third offese withi three years). 17

20 Table 2 - Cotiued. Caada Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio Set by provicial law. Alberta For a BAC greater tha.05, a 24 hour roadside For the secod Crimial Code offese, 3 year Term of licese suspesio may be shorteed suspesio may be give alog with a warig. suspesio of licese; for the third offese, 5 with the istallatio of a igitio iterlock device For Crimial Code offeses, 1 year suspesio year suspesio. These may be reduced costig $125 ($82.79 US) for istallatio, ad for the first offese. accordig to circumstaces ad with the $95 ($62.92 US) per moth for service. istallatio of a igitio iterlock device. Admiistrative sactios are uder review. Vehicle may be impouded for 30 days for drivig with a suspeded licese. British Columbia A 24-hour roadside suspesio may be give for For secod Crimial Code offese withi 10 Vehicle impoudmet for 30 days for drivig with BAC greater tha.05. Admiistrative suspesio years, a 3 year suspesio of licese. Third a suspeded licese; 60 days for multiple of licese for 90 days may be imposed for a BAC time offeders may receive a idefiite offeders. Use of igitio iterlock devices also over.08. For Crimial Code offeses, licese is suspesio of licese. uder review. suspeded for 1 year for the first offese. Maitoba A 6-hour roadside suspesio ca be issued for For secod Crimial Code violatio withi 5 Assessmet ad treatmet required for repeat BAC greater tha.05. A admiistrative years, 1 year suspesio (this may be reduced.) offeders i order to regai the drivers licese. suspesio of 3 moths may be imposed for a For the third violatio, a suspesio of 3 years Uder review: exteded the roadside BAC greater tha.08 or for refusal to allow a test. (this ca be reduced). suspesio to 12 hours for a BAC over.05. For Crimial Code offeses, 1 year suspesio Vehicle impoudmet for 30 days for drivig with for first offese (this ca be reduced.) a suspeded licese; 60 days for multiple offeders.

21 Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio New Bruswick Fies for a offese uder the graduated licese For BAC over.08,1 year suspesio for Assessmet ad treatmet required for repeat (.00 to.08) rage from a miimum of $84.00 to a subsequet offeses. offeders i order to regai the driver's licese. maximum of $1,200 ($55.63 to $ US). For For Crimial Code offeses of impaired or Roadside suspesios ca be eacted at all Crimial Code offeses of impaired or refusal, refusal, from 6 moths to 1 year. levels betwee.05 ad.08 ad are for a period miimum fie is $300 ($ US). For Crimial Code offeses of impaired or of 24 hours. Six moths suspesio of licese for BAC over refusal, 14 days for secod offese; 90 days for.08 o first offese. New drivers caught with BAC third. betwee.00 ad.08 have a automatic oe year suspesio ad are required to recommece the graduated licesig program. For Crimial Code offeses of impaired or refusal, a 3 moth court prohibitio is cocurret with a 6 moth Motor Vehicle Act suspesio. Imprisomet is ot usual o first offese. Newfoudlad For Crimial Code offeses, 1 year suspesio For Crimial Code offeses, 2 year suspesio Assessmet ad treatmet required for repeat for first offese. A 24-hour roadside suspesio is for secod offese i 5 years; 3 year offeders i order to regai the driver's licese. possible for a BAC greater tha.05. suspesio for third offese i 5 years. Licese plates ca be ivalidated for drivig with Admiistrative suspesios for multiple roadside a suspeded licese. suspesios withi 2 years: Third suspesio: 2 moth suspesio ad DWI educatio; Fourth suspesio: 4 moth suspesio ad DWI educatio. Five or more: 6 moth suspesio ad assessmet ad treatmet Northwest A roadside suspesio of 4 to 24 hours is For the secod Crimial Code offese withi 5 Territories possible with the presece of alcohol. The BAC years, the licese is suspeded for 6 moths; level is ot specified. For first offese uder the for the third offese, it is suspeded for 1 year. Crimial Code, licese is suspeded for 3 moths.

22 Y ^^ Nova Scotia For Crimial Code offeses, 1 year suspesio For Crimial Code offeses, for secod offese Assessmet ad treatmet required for repeat J for first offese. withi 5 years, a 2 year suspesio of licese; offeders i order to regai the driver's licese. for third offese, a 5 year suspesio (this may Licese plate ivalidated for drivig with a be reduced.) suspeded licese.... Otario Fies may rage from $300 to $2,000 ($ Fies may rage from $300 to $2,000 ($ O September 30, 1998, Otario itroduced ew to $1, US) provided the offese did ot to $1, US) provided the offese did ot measures aimed at drivers who commit Crimial cause bodily harm or ijury. For ew drivers with cause bodily harm or ijury. Code offeses. Upo covictio, offeders will BAC over.00, usually a $90 ($59.61 US) fie. For a secod Crimial Code offese withi 10 be subject to madatory remedial measures A 12-hour roadside suspesio is possible for a years (uder the ew legislatio), licese is programs; loger suspesio periods, icludig BAC over.05. Admiistrative suspesio of suspeded for 3 years. For a third covictio, life suspesios, ad a loger search period for licese of 90 days possible for BAC over.08 or offeders are subject to a lifetime suspesio previous Crimial Code covictios. The search refusal to be tested. For Crimial Code offeses, that may be reduced to 10 years upo period will gradually be exteded to a miimum 1 year suspesio of licese. For ew drivers successful completio of remedial traiig ad of 10 years, icreased from 5 years. O with BAC over.00, pealty is a 30 day istallatio of a vehicle iterlock device. For November 29, 2996, the Miistry of suspesio ad $90 ($59.61 US) fie. fourth covictio, offeder will be suspeded for Trasportatio itroduced the Admiistrative Imprisomet is ot usual o first offese. life with o possibility of reistatemet. Driver's Licese Suspesio (ADLS) program to Driver covicted of a secod offese may be help reduce impaired drivig i the provice. A seteced to a miimum of 14 days. Jail term motorist who blows over the legal limit of.08 or for third offese is a miimum of 90 days. who refuses a alcohol breath test will have his or her driver's licese immediately suspeded for 90 days. This suspesio is idepedet from ay court proceedig ad is applied to the driver regardless of the umber of previous offeses. If the driver does ot blow over the legal limit but there is a presece of alcohol, a police officer may issue a 12-hour licese suspesio. 20

23 * Table 2 - Cotiued. * Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio Price Edward Fies are ot established by law, but are at the For drivers uder 19 with a BAC greater tha Assessmet ad treatmet required for repeat Islad judge's discretio. For drivers uder 19 with BAC.01, a 6 moth suspesio. For Crimial Code offeders i order to regai the driver's licese. greater tha.01, fie of $500 ($ US). offeses, for secod offese withi 5 years, a Vehicle impoudmet for drivig with a A 24-hour roadside suspesio may be imposed 2 year licese suspesio; for the third offese suspeded licese. for BAC over.05. Effective May 1997, a 90 day withi 5 years a suspesio of 3 years (this ca admiistrative suspesio may be imposed. For be reduced.) drivers uder 19 with a BAC greater tha.01, a 3 moth suspesio plus a fie. For Crimial Code offeses, licese suspesio for first offese is 1 year Quebec Admiistrative suspesio of 2 weeks for first Admiistrative suspesio of 1 moth for BAC Assessmet ad treatmet required for repeat offese with BAC greater tha.08. For Crimial greater tha.08 o secod offese. For offeders i order to regai the driver's licese. Code offeses, licese suspesio of 1 year for Crimial Code offeses, licese suspesio of Effective December 1, 1997, vehicle first offese (may be reduced.) For ew drivers 2 years for secod offese withi 5 years; 3 impoudmet for 30 days for drivig with a with BAC greater tha.00, pealty is a o the years for third offese. suspeded licese. spot suspesio of 15 days ad 3 moths suspesio upo covictio.... Saskatchewa 240-hour roadside suspesio is possible for 90 day admiistrative suspesio for third BAC greater tha,04. For Crimial Code offese plus assessmet ad treatmet. For offeses, a 1 year licese suspesio for the first secod Crimial Code offese withi 5 years, a offese (may be reduced.) 3 year suspesio of licese (may be reduced); a 5 year suspesio for the third offese (may be reduced.) For secod offese of BAC greater tha.04, the driver may be required to take a DWI course. For the third offese of BAC over.04, the driver must udergo assessmet ad treatmet. Yuko A 24-hour roadside suspesio is possible for For secod Crimial Code offese withi 5 Uder review: vehicle impoudmet for drivig BAC greater tha.08. Admiistrative suspesio years, a 3 year suspesio of licese. Third with a suspeded licese; 30 days for first of licese is also possible. For Crimial Code time offeders receive a lifetime suspesio of offese, 60 days for 2d offese, cofiscatio for offeses, first offeders receive a 1 year licese. 3rd offese. suspesio of licese. Czech Republic Iformatio ot available

24 Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio For BAC level betwee.05 ad.08, fies are Secod offese, without aggravatig Fies, detetio ad imprisomet, ad the imposed. Actual praxis DKK 4000 ($ US). circumstaces: For BAC level betwee.08 ad period of disqualificatio of driver's licese may Fies are imposed for higher BAC levels i.15, Fie of DKK 500 ($74.12 US) with be icreased if there are aggravatig combiatio with licese suspesio. The coditioal disqualificatio of licese. circumstaces such as: the driver has bee amout of the fie depeds o the character of Secod offese, without aggravatig disqualified earlier from drivig, or has, through the ifrigemet. circumstaces: For BAC level betwee.08 ad gross disregard of road safety, caused persoal For BAC level betwee.08 ad.12, coditioal.15, coditioal disqualificatio of driver's ijury or damage to property or exposed persos disqualificatio of driver's licese. For BAC level licese i additio to fie. For BAC level or property to such ijury or damages. over. 12, ucoditioal disqualificatio of driver's betwee.15 ad.20, ucoditioal licese for a period of at least 1 year. For BAC disqualificatio of driver's licese for a period of level over.20, ucoditioal disqualificatio of 5 years ad detetio or imprisomet of 14 driver's licese for a period ot less tha 2 1/2 days. For BAC level over.20, ucoditioal years. disqualificatio of driver's licese for a period of For BAC level over.20, detetio or 5 years ad detetio or imprisomet of ot imprisomet for ot less tha 14 days. ----_ less tha 20 days. Filad The amout of fie is tied to BAC level ad also Sactios are ot affected by multiple offeses Commuity service is a possible sactio. to icome level. Miimum fie for BAC of.05 to.075 is days (1 day fie is equal to 1/90 mothly salary.) Fies icrease with BAC level ad are also combied with licese suspesio ad possible imprisomet. Suspesio of licese occurs o the first offese for a BAC level of.10 or greater. The legth of the suspesio is tied to BAC level. For a BAC level of.12 to.149, a possible days imprisomet i additio to fie ad licese suspesio. Setece may be coditioal accordig to the circumstaces. Legth of... imprisomet icreases with BAC level

25 * Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio For BAC level betwee.05 ad.08, a fie of FF The same graduated scale as for the first Commuity service may be a alterative to a 900 $ US) (FF 600 [$ US] if paid offese, but higher amouts i the case of fie or jail, proposed by the judge. A fie per withi the week) combied with 3 poits o the recidivism. day, for example a fie of FF 500Iday ($83.96 drivers licese. Multiple offeses icur a automatic suspesio US), could be paid i lieu of jail time. For a BAC greater tha.08, admiistrative rates of licese for a periods of I to 3 years before Madatory medical treatmet may be required. for the legth of suspesio are graduated beig allowed to apply for a ew licese. depedig o BAC level. The courts may impose Legth of priso seteces follows the same * Germay a legth of suspesio ragig from the lower level of the admiistrative rate up to revocatio depedig o the circumstaces (accidet, ijuries, fatalitites). scale as for first offese, but may be loger for recidivists. For BAC greater tha.08, a setece of 8 days to 1 year imprisomet may be imposed depedig o the circumstaces A perso with a BAC level betwee.03 ad.079 may be deemed icapable of drivig if there is additioal evidece that alcohol is preset (e.g. swervig while drivig, igorig red traffic lights, walkig usteadily.) A driver with a BAC betwee.08 ad.109 commits a regulatory offese uder the Road Traffic Act. A BAC level betwee.05 ad.079 also costitutes a regulatory offese, but carries a less severe pealty. A perso with a BAC level of. 11 is deemed completely icapable of drivig ad commits a crimial offese. Suspesio of driver's licese is obligatory i the case of a crimial offese; otherwise drivig is prohibited for several moths (idividually determied by the authorities depedig o BAC ad other legal offeses. Maximum 5 years imprisomet i the case of a crimial offese or a equivalet fiacial Greece Iformatio ot available

26 Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio Irelad Iformatio ot available Italy Article 186 of the Italia Road User Code states Withdrawal of driver's licese from 1 to 6 that all drivers drivig uder the ifluece of moths, if the same driver is guilty of more alcohol shall be arrested for a period of up to a offeses durig 1 year. maximum of 1 moth ad shall be subject to a fie varyig from 500,000 to 2,000,000 ($ to $1, US) Italia lire, uless other more serious crimes are ivolved. The arrest is accompaied by a accessory measure cosistig of the withdrawal of the drivig licese for a period varyig from 15 days to 3 moths, or from 1 to 6 moths, if the same driver is guilty of more offeses durig 1 year Japa :... Iformatio ot available { Luxembourg Iformatio... ot available

27 * * the Table 2 - Cotiued. 1i Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio Netherlads For first offeders ot ivolved i a traffic Agaist repeat offeders ad offeders ivolved First offeders with a BAC level betwee.13 ad accidet, fies are graduated accordig to BAC i accidets, a pealty is requested belogig to.21 are obliged to follow a 3-day course at their level. Fies rage from a miimum of f390 for a BAC category which is oe or two categories ow expese. If they were ivolved i a road BAC of mg/100 ml to 2,200 for BAC of higher tha the actual BAC category. accidet, they are ot allowed to follow the mg/100 ml ($ to $1, US). course, but must udergo a medical examiatio Suspesio of licese for BAC level greater tha i order to establish their drivig ability. First 131 mg/100 ml. Legth of suspesio icreases offeders with a BAC level greater tha.21 also with BAC level. must udergo a medical examiatio. 2 week imprisomet may be give for BAC over Recidivists with a BAC level betwee.08 ad mg/100 ml. Motorists refusig to take promille are obliged to follow a 3-day course at evidetial breath test icur a pealty equal to that their ow expese. If they were ivolved i a give for BAC level of mg/100 ml. road accidet, they are ot allowed to follow the course, but must udergo a medical examiatio i order to establish their drivig ability. Multiple recidivists must also udergo a medical examiatio The police are allowed to impose a temporary drivig ba o drivers suspected of beig uder ifluece (as a result of the prelimiary breath test or otherwise). Separate pealty guidelies exist for alcoholimpaired cyclists ad moped riders, the requested pealties beig less severe tha for ^...S' m to 'st......