On DWI Laws in Other Countries

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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......

28 Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio New Zealad For stadard drik-drive offece (exceedig.08 A ew law which will take effect May 1, 1999 A commuity-based setece may be percet limit) a fie of up to ad icludig $4,500 allows the Court to impose more severe substituted for the fie or imprisomet at the ($2, US). For uder 20 year olds pealties for the 3rd offese. 3rd offese fie is discretio of the Court. exceedig the.03 percet limit, a fie of up to up to $6,000 ($3, US). If a driver is covicted of ay oe of a rage of ad icludig $2,250 ($1, US). For 3rd offese, a madatory disqualificatio of serious traffic offeses (icludig drik-drive) ad For exceedig the.08 limit, a madatory licese of at least 1 year. The Courts may the, withi a 4 year period, commits aother disqualificatio of licese of least 6 moths. imposed a loger time period. offese o the specified list, the law cotais a Courts may impose loger as they see fit. For For 3rd offese, a term of imprisomet of up to presumptio i favour of cofiscatio of the uder 20 year olds exceedig.03, a madatory ad icludig 2 years may be imposed at the vehicle the offeder was drivig at the time of disqualificatio of at least 3 moths. If the discretio of the Court. the offese. Cofiscatio ca oly be ordered if disqualificatio is less tha 6 moths, 50 demerit the offeder is the ower of the vehicle or has poits are applied to their record. The Court may fiacial iterest i it. Seizure costs, outstadig impose a loger period. fies ad ay other moies owed o the'vehicle For exceedig the.08 limit, the law allows a are removed from the proceeds of the sale maximum term of imprisomet of 3 moths before the remaider (if ay) is retured to the imposed at the discretio of the Court. For uder ower. The ower may be forbidde to ow a 20 year olds exceedig the.03 limit, the law vehicle for up to a year. Ay vehicle purchased allows a maximum term of imprisomet of 3 i defiace of this order may be liable for moths imposed at the discretio of the Court. cofiscatio also. Parliamet has recetly passed a law to allow road-side licese suspesio to be applied admiistratively by the police to grossly i itoxicated drivers ad those who drive at excessive speeds. A further law recetly passed by Parliamet which will take effect ext year allows the police to immediately impoud a vehicle for 12 hours with a possible extesio of up to 24 hours o the grouds of public safety. Norway Disqualificatio of the drivig licese is a possibility for all BAC levels above.05.

29 Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio Portugal Fies are graduated accordig to BAC level Offeders who pay the fie volutarily always ragig from ESC 20,000 for BAC betwee.05 pay the miimum amout ad receive the ad.08 ad ESC 200,000 for BAC betwee.08 miimum additioal pealty. If the fie is ot paid ad. 12 ($ to $1, US). Fies are voluarily by the time limit laid dow by law, the combied with licese suspesio. amout payable ad the duratio of the Legth of suspesio is graduated accordig to associated ba o drivig may be icreased up BAC level ragig from oe moth to two years. to the maximum laid dow, takig ito accout Drivers with BAC of over. 12 commit a crime the circumstaces of the offese, the BAC level puishable uder the Code of Crimial ad the offeders past record. Procedure with up to oe years imprisomet or with a fie plus up to 120 days' imprisomet Russia Iformatio ot available _ Spai Fie of 50,000 to 100,000 pesetas ($ to 200 to 50,000 pesetas/day ($1.32 to $ $ US); US); Swede Switzerlad Licese suspesio of 3 moths o first offese. Licese suspesio for 1-4 years; Imprisomet oly if the driver does pay the _ _ fie; _ _ For first offese with o aggravatig Fies are usually ot applicable for repeat The driver may be imprisoed i a facility circumstaces, fies are imposed. For a BAC offeders. Heavy fies if applied. desiged especially for druke drivers, ad level betwee.02 ad.10, the amout of the fie Licese suspesio for repeat offeders: Below may be required to udergo a treatmet is determied by icome level as well as BAC.10 BAC, close to 12 moths; ad above.10, program for alcohol depedecy. Recetly, more level ad the circumstaces. well above 12 moths. ad more druk drivers are give formal priso For BAC level betwee.03 ad.10, liceses may seteces but serve them at home uder be revoked for 2 to 12 moths depedig o the electroic surveillace, circumstaces ad the BAC level. Above.10, a miimum 12 moths ad a maximum 36 moths loss of licese. If BAC level is greater tha.10, imprisomet for I to 2 moths. A druk driver who causes a accidet ivolvig a fatality ca be imprisoed up to 6 years. Iformatio ot available :

30 Table 2 - Cotiued. Coutry Sactios for First Offese Sactios for Multiple Offeses Other Relevat Iformatio Uited Kigdom Fie of up to 5,000 pouds ($8, US). The 1 Fies are the same as for first offese: up to Vehicle forfeiture is possible for repeat offeders, average is 300 pouds ($ US). 5,000 pouds; average is 300 pouds. though rarely used. Suspesio of licese is possible, though rare for 3 years miimum licese suspesio if there The UK has a scheme for medical screeig of first offese. has bee a previous drik/drive offece withi high risk offeders, those whose blood alcohol is Imprisomet for up to 6 moths is possible, 10 years of the latest. over.20 or who have bee covicted two or though rare for first offese. 1 Possible imprisomet for up to 6 moths. more times withi 10 years, or who have refused to provide a specime. If the screeig shows a alcohol problem, a licese ca be refused, or restricted for a short period, o medical grouds. Uited States Varies from State to State. All iclude fies ad Varies from State to State. Icreases i severity Pealties usually based o umber of offeses, licese pealties. Some iclude jail or other over first offese. ot o arrest BAC. pealties such as vehicle impoudmet or commuity service. 28

31 As ca be see i Table 3, rehabilitatio programs are available i may coutries, but required i fewer. Ofte, they are subject to the judge's discretio. Here agai, the arrest BAC is ofte the decidig factor i whether a rehabilitatio program will be required ad what the ature of that program will be. This is i cotrast with the Uited States, i which most if ot all states require a rehabilitatio program, usually of a stadard ature depedig o the umber of offeses. Most states do ot base the ature of the program o arrest BAC, although some states require a assessmet ad assig offeders to a program based o the fidigs of the assessmet. Liceses i may coutries are ot regrated automatically upo completio of the suspesio or revocatio period. Several coutries require some sort of judicial or medical certificatio uder some circumstaces before the offeder may receive the drivig licese. Some coutries require that the offeder retake the drivig test. The requiremets for relicesig are ofte determied by the BAC at arrest. 29

32 Australia Table 3: Rehabilitatio ad Regratig of Liceses Coutry Rehabilitatio Programs System for Regratig Liceses Australia Capitol Territory No legislatio, but court may order attedace at course Not kow New South Wales Iformatio ot available Ay driver covicted of a drik drivig offece ad over.15 rage must udergo medical assessmet ad receive positive results before re-issue of licese. Norther Territory No legislatio requirig rehabilitatio, but registrar of motor vehicles No legislatio requirig rehabilitatio, but registrar of motor vehicles may may impose coditios o retur of licese impose coditios o retur of licese Queeslad After umerous drik drivig offeses, if ca be made a coditio of Not kow covictio to udergo a rehabilitatio course coducted by the Queeslad Corrective Services Commissio. South Australia If covicted of 2 or more drik drivig offeses withi 3 years i the Not kow metropolita area, the the court orders that the driver must be referred for Drik Driver Assessmet _... Tasmaia A offeder cosidered to be alcohol depedet (I.e. very high BAC Curretly (as of November 1997) cosiderig a rage of optios as levels or multiple drik drivig offeses) ca be required to atted stadard coditio for reissue of licese followig disqualificatio......:... rehabilitatio....:... Victoria Rehabilitatio requiremets as a precoditio of relicesig exist for Full licese holders who are covicted or foud guilty of a drik drivig multiple categories of covicted drig drivers. Exact requiremets offece ad are re-licesed after obtaiig a court order are restricted to deped o age, licese category, BAC rage of the offeder. a.00 BAC for 3 years (Z coditio licese.) Wester Australia No requiremet for rehabilitatio program... Not kow Austria For a BAC level of. 12 to.16, a psychological driver-improvemet After the suspesio, period the drivig licese has to be regratig o course is required. Novice drivers must atted the psychological request if all additioal required courses or tests have bee accomplished course for druk drivers i ay case of drivig uder the ifluece of ad the duratio of suspesio was ot more tha 18 moth ad o alcohol (more tha.01 BAC). I case of serious traffic offeses they further reasos for suspesio exist. must atted a psychological course for cospicuous drivers. The courses are established i law. If the driver refuses to atted the course he or she will loose the drivig licese {......,...' j : Belgium Rehabilitatio programs may be required at the judge's discretio. The drive's licese is restored whe the forfeiture eds if the holder -----_- _-- -._ passes the examiatio which may be imposed by the judge. Brazil Iformatio ot available _ _--.- -_- --_-=

33 Table 3 - Cotiued. Caada Coutry Rehabilitatio Programs System for Regratig Liceses Alberta First offeders must take a alcohol iformatio course (fee $90 Alcohol educatio course plus reistatemet fee of $140 ($92.72 US) [$56.60 US]). Secod ad third offeders must udergo a more itesive alcohol awareess educatio course (fee $190 [$ US])..: _ _ _. British Columbia Not kow Reistatemet fee of $100 ($66.23 US) Maitoba For all Crimial Code covictios, offeder must udergo Driver must udergo assessmet ad treatmet (fee $270 [$ US]) assessmet ad treatmet (fee $270 [$ US]).... ad pay a reistatemet fee of $40 ($26.49 US). New Bruswick First offeders must take a DWI educatio course. Secod ad third Drivers must atted a DWI educatio course ad pay a reistatemet fee offeders must take a more itesive DWI course. of $200 ($ US) for first offeders, ad $412 ($ US) for... secod... ad third offeders. Newfoudlad For multiple 24-hour roadside suspesios, driver may be required Drivers must atted a DWI educatio course, or udergo assessmet ad to complete DWI educatio. If suspeded five or more times withi treatmet, depedig o the circumstaces, ad pay a reistatemet fee 2 years, driver is required to udergo assessmet ad treatmet. of $100 ($66.23 US). For Crimial Code covictios, a DWI course is required o the first offese (fee $100 [$66.23 US]); assessmet ad treatmet is required for the secod ad third offeses. Northwest Territories Not required Not kow Nova Scotia O the first covictio, a DWI educatio course is required (fee DWI educatio course or assessmet ad treatmet, depedig o the $120 [$79.48 US]). O the secod ad third covictios, the circumstaces, plus a reistatemet fee of $100 ($66.23 US) offeder must udergo assessmet ad treatmet (fee $300 [$ US]). Otario First offeders must take a DWI educatio course. Secod ad third DWI educatio course or assessmet ad treatmet, depedig o the offeders must udergo assessmet ad treatmet. circumstaces, plus a reistatemet fee of $100 ($66.23 US) Price Edward Islad O the first covictio, a DWI educatio course is required. O the DWI educatio course or assessmet ad treatmet, depedig o the secod ad third covictios, the offeder must udergo circumstaces, plus a reistatemet fee of $200 ($ US) assessmet ad treatmet. Quebec First offeders must take a DWI educatio course. Secod ad third DWI educatio course or assessmet ad treatmet, depedig o the : offeders... must... udergo... assessmet ad treatmet.... circumstaces, plus a reistatemet fee of $300 ($ US) Saskatchewa For all Crimial Code covictios, offeder must udergo Not kow... assessmet ad treatmet ad pay a DWI educatio course fee of...: $150 ($99.34 US)

34 Table 3 - Cotiued. Coutry Rehabilitatio Programs System for Regratig Liceses Yuko First offeders must atted a educatio course (fee $35 [$23.18 First offeders must atted a educatio course. With secod covictio, US]). With secod covictio, the offeder receives a idefiite the offeder receives a idefiite suspesio ad must apply to the suspesio ad must apply to Driver Cotrol Board (DBC) for DCB for reistatemet. With the third covictio, the offeder must atted..... reistatemet. a 35 hour educatio course ad apply to the DCB for reistatemet.... Czech Republic... Iformatio... ot available Demark Offered but ot required. The perso must pass a drivig test, both a theoretical ad a practical test. I some cases, it is possible for the driver to get the licese back after half of the period, if he or she has followed a special treatmet, but he or she still has to pass the test Filad Fiish licesig ad relicesig practice, icludig systemative evaluatio of a alcohol or drug problem ad rehabiliatio whe eeded, is i preparatio. Frace Not required, but ofte decided by the judge. It is ot a rehabilitatio Evaluatio by the medical commissio is made i the case of alcoholprogram, but a medical commissio resposible for regratig of related suspesio of driver's licese or revocatio of the drivig licese. drivig licese. Medical assessmets are made for drivers ivolved Regratig of licese has the followig steps: i alcohol related accidets or positive BAC over Medical examiatio by a medical commissio before regratig. 2. Probatioary period of oe year, followed by a further examiatio by the medical commissio. 3. Aother probatioary period if ecessary (decided by the medical ; commissio.) Germay Requirig rehabilitatio programs depeds o the severity of the If the BAC was below.16, the drivig licese ca be regrated o offece. If the BAC at the first offese was.16 or higher, a medical- request after a idividually determied period of time. If the BAC at the psychological ivestigatio is obligatory for regratig the drivig first offese was.16 or higher, a medical-psychological ivestigatio is licese. I some cases, participatio i a rehabilitatio program is obligatory for regratig the drivig licese. recommeded as a result of this ivestigatio : Greece Iformatio ot available Irelad Iformatio ot available Italy Iformatio ot available = :... Japa Iformatio ot available Luxembourg Such programs do ot exist yet. However, it is plaed to itroduce No geeral process exists, but regratig of drivers' liceses might be rehabilitatio programs i the cotext of the plaed poit system to submitted to a ew test, theoretical ad/or practical. be attached to the driver's licese. 32

35 Table 3 - Cotiued. Coutry Rehabilitatio Programs System for Regratig Liceses Netherlads Several ogoig driver traiig courses are offered o a volutary If a offeder takes the 3-day rehabilitatio course, he or she ca get the basis, icludig a geeral refresher course, ecoomical drivig, licese back. If disqualified from takig the course (by BAC level or evirometally friedly drivig, skid courses, ad defesive drivig. ivolvemet i a accidet) the perso must udergo a medical First offeders with a BAC level betwee.13 ad.21 are obliged to examiatio. follow a 3-day course at their ow expese. If they were ivolved i a road accidet, they are ot allowed to follow the course, but must udergo a medical examiatio i order to establish their drivig ability. New Zealad Drivers who obtai two or more drik-drive covictios i 5 years If the disqualificatio or suspesio is a year or less, the driver ca apply are disqualified idefiitely from holdig or obtaiig a driver licese for a replacemet licese ad resume drivig immediately whe the ad order by the Courts to atted a approved alcohol/drug suspesio or disqualificatio has eded. If the perso has bee assessmet ceter. This order is madatory if the qualifyig offese cotiuously disqualified for more tha oe year, they will be required to criteria are met. While the disqualificatio is idefiite, the offeder resit ad pass all the driver licesig tests before beig allowed to drive ca apply to the Director of Lad Trasport Safety after 2 years to agai. have the idefiite disqualificatio removed. The idefiite disqualificatio will ot be removed util the offeder atteds the assessmet ceter ad is able to provide a satisfactory assessmet report. This sectio of the legislatio is curretly uder review as it has some problems especially with regard to sigificat umbers of offeder who ever atted the assessmet ceter ad remai disqualified although may cotiue to drive. Norway Ogoig traiig is offered, amely drivig at ight. It is oly Not kow. compulsory if it has ot bee completed before the issue of the licese Portugal -_ Iformatio _ ot available _.-, _ Russia ----_ Iformatio _ ot available _ _ _-_ Spai Aspects are uder study, but at preset are ot carried out Not kow _--_ < Swede I practice, i order to be able to get a medical certificate (see otes If licese is suspeded for less tha 12 moths, the offeder's licese is o regratig of licese), a problem driker must atted a reistated automatically after the stipulated period of time but if rehabilitatio program. suspeded for more tha 12 moths, licesig tests must be take agai. To be relicesed after covictio of gross druke drivig, the driver must get a medical certificate to prove he or she is ot depedet o alcohol or other drugs. This certificatio ivolves several checkups ad liver ezyme testig. The licese is coditioal for 24 moths. 33

36 Switzerlad Iformatio ot available Uited Kigdom Sice 1993, the UK has made experimetal use of rehabilitatio They must apply ad pay a fee. If they are repeat offeders or had blood courses for drik-drive offeders. They are available i certai areas alcohol of 200 mg/100 ml (2.0 gll) they must also provide medical oly ad if the court orders the offeder to atted the course. evidece that they are ot physically ivalid to drive through alcohol Disqualificatio is reduced by 25%. The scheme may become depedecy. Courts may order a drivig test, but this is rare. permaet ad atiowide i 2000 subject to a Parliametary approval. Uited States Required i most States. Characteristics of programs vary. Usually automatically eligible for reestatemet after period of suspesio eds. 34

37 * * Drivers Licesig Laws The laws ad rules regardig the licesig of drivers ca be importat as they relate to the type of perso permitted to drive as well as possible sactios that ca be imposed agaist the drivig licese. I particular, because of the special vulerability of youg ad ovice drivers, the miimum age of licesure is importat. As ca be see i Table 4, this age rages from a low of 15 i New Zealad to the much more commo 18 i Australia ad most Europea coutries. Of particular importace i this regard is the applicatio of a system of provisioal or graduated licesig i which the drivig privileges of youg ad ovice drivers are grated gradually, thus providig the opportuity for the ew driver to practice skills i relatively safe coditios before movig o to more challegig situatios (e.g., drivig at ight or with several passegers). These graduated licesig schemes ofte provide a simple admiistrative system of pealties that ca be applied to the ovice driver if violatios occur before the full licese is grated. Graduated licesig systems have bee foud to be effective i reducig crashes amog ovice drivers (Natioal Trasportatio Safety Board 1993). As show i Table 4, several of the coutries studied report havig some form of provisioal or graduated licesig system. Table 5 shows the pricipal features of each system. Most of these systems have fairly limited provisios, with Austria ad New Zealad havig more extesive ad elaborate systems. Table 4: Miimum Age for Drivig Licesure ad Provisio for Graduated Licesig Coutry Miimum Licesig Age Graduated Licesig Australia 18 (all States) Yes (all States) Austria _... Yes Belgium _: Brazil 18, 21 for commercial or heavy vehicles No Caada Set by provicial law 10 of 12 provices Alberta 16 Yes... British Columbia Yes Maitoba 16 Yes New Bruswick 18 (16, istructioal permit with paretal coset) Yes Newfoudlad 17 (16 for learer's stage) Yes... Northwest Territories 16 No Nova Scotia 16 Yes

38 Table 4 - Cotiued. Coutry Miimum Licesig Age Graduated Licesig Otario 16 Yes Price Edward Islad 16 Yes Quebec :......_ Yes Saskatchewa 16 (15 for learer's permit if erolled i course) Yes... _ Yuko No Czech... Republic... Iformatio ot available... Demark 18 No... : Filad 18 No Frace 18 Yes... Germay < No... Greece Iformatio ot available Irelad Iformatio ot available... Italy. 18 No... Japa... Iformatio ot available... Luxembourg Yes Netherlads No... New Zealad 15 Yes... Norway :... Yes... Portugal Yes Russia 18 No... Spai...! No... Swede Yes Switzerlad 18 No... Uited... Kigdom No... Uited States Rages from 14 to States have some sort of graduated licesig system, 6 States have some elemets of a graduated licesig system. 1 36

39 Table 5 - Cotiued. Australia Austria Belgium Brazil Caada Alberta Coutry : British Columbia Table 5: Descriptios of Graduated Licesig Systems Graduated Licesig Program Descriptio All 8 States have graduated licesig programs. Details of programs are set by State law, however, the followig characteristics are typical: The program applies to all ew drivers regardless of age. Youg drivers may receive a learers permit at age 16. The permit must be held for at least 12 moths before progressig to the probatioary stage (but the applicat must be at least 18 years old to receive a probatioary licese). The probatioary phase lasts 3 years. Probatioary licesees are limited to a lower BAC (see table 1) ad to lower speeds. They must d'isp Iay a speaa Ili ce se plate. It is possible to start with the theoretical ad practical educatio at the age of 16, if you apply for a advaced drivig licese. A probatioal licese is issued for a period of two years, after which it is automatically coverted to a permaet licese. Holders of a probatioal licese are limited to a maximum of.01 BAC ad must cotiue traiig if they demostrate poor behaviour. It is ot possible to shorte the probatioary period, but authorities may prolog it for various reasos icludig alcohol-related offeses. The probatioary period ca be exteded for year, up to times If the driver... commits a offese after the third extesio, the licese ca be withdraw (See detail) Not applicable Iformatio ot available All but two provices, the Northwest Territories ad the Yuko, have graduated licesig programs. Details of programs set by provicial law, The learers permit has o miimum legth. Durig this period, the cadidate must be accompaied by a fully licesed driver. After passig a road test, the cadidate receives a probatioary licese which lasts for 24 moths. This becomes a full licese if there are o covictios, demerit poits, or "at fault" collisios withi the 24 moths probatioary period. Must be i Learer's Stage for 6 moths (or 3 moths with course) ad be accompaied by a fully licesed driver. A "LEARNER" sig must be displayed. A maximum of two passegers are allowed, oe of which must be a fully licesed driver. Drivig permitted from 5 am to midight oly. The learer must pass a level 1 road test to pass to the ext stage. The Itermediate Stage lasts for 18 moths. A 'NOVICE" sig must be displayed o the vehicle. The ovice must pass a advaced road test to become fully licesed. BAC limit for both stages is Maitoba Cadidate may obtai a learer's permit at age 15% if erolled i a high school driver educatio course. Learer's permit must be held for 2 weeks miimum. Probatioary licese is ot restricted. However, a maximum suspesio of 1 year may be imposed if covicted of a movig violatio. The probatioary period will be exteded for oe year after the suspesio expires. Cadidate is fully licesed after 12 moths... probatioary period with o covictios or at-fault accidets.... New Bruswick Graduated licesig program effective Jauary 1, I Stage 1, the cadidate must be accompaied by a fully licesed driver ad o other passegers. After 12 moths (or 4 moths with approved course) the cadidate may take a govermet road test to proceed to Stage 2. To exit Stage 2, it must be at least 24 moth sice the issue of the Stage 1 licese, ad the cadidate must have bee i Stage 2 for a miimum of 12 moths. The BAC limit for both stages is.00. (See detail.) 37

40 Table 5 - Cotiued. Coutry Newfoudlad Northwest Territories Nova Scotia Graduated Licesig Program Descriptio Effective Jauary The Learers Stage exteds for 12 moths, but may be reduced to 8 moths if driver educatio programs are completed. Learer must be accompaied by a fully licesed driver with a miimum 4 years experiece. No passegers are permitted ad o drivig betwee midight ad 5 am. After successful completio of the road test, cadidate must remai i the Newly Licesed Driver Stage for 12 moths ad have o suspesios. Restrictios i this stage iclude o drivig betwee midight ad 5 am uless accompaied by a fully licesed driver. (See details.) Graduated licesig program ot presetly i place but is beig cosidered. The Learer's Stage is for 3 moths with a approved course or 6 moths without a approved course. Learer must be accompaied by a fully licesed driver ad o other passegers. Must pass a govermet road test to proceed to the Newly Licesed Stage. I this stage, the ewly licesed driver may ot drive betwee midight ad 5 am uless accompaied by a fully licesed driver. The umber of passegers is limited to the umber of available seatbelts. To exit this stage, the cadidate must have bee i the Newly Licesed stage for 24 moths ad must atted a 6 hour defesive drivig course. BAC limit of.00 for cadidate ad for co-driver. Otario Stage G1 lasts for 8 moths with approved traiig ad for 12 moths without traiig. Co-driver must be fully licesed for a miimum of 4 years. Both co-driver ad GI driver have a.05 BAC limit. G1 driver may do o freeway drivig uless accompaied by a istructor. Oly oe passeger i frot, ad the umber of rear-seat passegers caot exceed the umber of available seatbelts. G1 drivers may ot drive betwee midight ad 5 am. Cadidates must pass the G1 test to pass to the G2 Stage. I this stage, the driver may operate passeger cars oly ad all passegers must wear seat belts. After 24 moths i G2, the driver.. must..._ pass... a vigorous...._. G2 test to become... fully.. licesed.. Price Edward Islad Cadidate may apply for a learer's permit at age 15% if erolled i a ovice driver course. The Learer's Stage is for 12 moths. Th driver must be accompaied by a fully licesed co-driver ad must complete a ovice driver or driver's educatio course 90 days prior to the road test. The Newly Licesed State exteds for 24 moths. Cadidates must be free of drivig covictios. BAC limit of.00 i both stages. Quebec Learer's Stage lasts for 8 to 12 moths ad driver must be accompaied by a fully licesed driver. I the Probatioary Stage, driver has a.00 BAC limit ad the licese may be suspeded after 4 demerit poits (15 for fully licesed drivers). Cadidate ca become fully licesed after 24 moths i the probatioary stage or at age 25 (providig there are less tha 4 demerit poits.) Saskatchewa Cadidate must have a learer's permit for a miimum of 6 moths. Learer's permit ca be obtaied at age 15 if erolled i a high school driver educatio course. The probatioary licese period lasts for 24 moths but may be exteded 12 moths if the cadidate has accumulated demerit poits ad is required to atted a driver iterview. BAC limit of Yuko _ Graduated licesig program ot presetly i place but is beig cosidered _ Czech Republic Iformatio ot available Demark Not applicable _-_ Filad Not applicable Frace At age 16, the driver ca begi traiig with a adult ("coduite accompagee.i The first year of the drivig licese, the driver is cosidered a : ovice driver Germay Not applicable , 38

41 Table 5 - Cotiued. Coutry Graduated Licesig Program Descriptio Greece Iformatio ot available Irelad Iformatio ot available Italy Not applicable Japa Iformatio ot available Luxembourg Drivers liceses of categories A ad B are issued for a limited time period of two years. These liceses are cosidered as provisioal. After this two-year period of istructio ad after havig participated i a oe-day course held i a approved traiig ceter, the driver may apply to have his or her licese validated for the legal duratio _ _ _-----_-- Netherlads Not applicable New Zealad New Zealad has had a Graduated Driver Licesig System (GDLS) for private cars ad motorcycles sice The graduated system has three levels: a Learer Licese for which the miimum age is 15 ad which must be held for a miimum of 6 moths (or 3 moths with a certificate of competecy from a approved drivig school); a Restricted Licese which must be held for at least 18 moths (this ca be reduced to 9 moths o successful completio of a approved course); ad a Full Licese which the holder of a Restricted Licese may acquire after servig the miimum time requiremets ad payig a appropriate fee. The licesig system is beig reviewed ad a umber of chages have bee proposed. (See detail) Norway A probatioal licese is valid for two years; after which it will automatically be coverted ito a full drivig licese. This period caot be shorteed. If the probatioal licese holder causes a serious traffic offece, his or her licese is withdraw, ad he or she must pass aother theory test ad practical test. The probatioal period is the exteded for aother two years. Portugal A probatioary system exists for the first licese a cadidate obtais. The probatioary licese is valid for two years, after which oe automatically gets a permaet licese. This period caot be shorteed or exteded. There are o limitatios drivig with a probatioal licese _... :... Russia Not applicable Spai Not applicable Swede Switzerlad Uited Kigdom Uited States It is easier to lose the licese durig the first two years ad it is ot suspeded, meaig that the driver must take all licesig tests agai to get a ew licese. Not applicable Not applicable Provisios vary from State to State 39

42 Eforcemet Eforcemet practices, especially radom breath testig or sobriety checkpoits, have bee foud to have a sigificat ifluece o impaired drivig. The experiece of the Australia states of New South Wales ad Victoria provide dramatic examples of the effectiveess of radom breath testig (RBT). (Homel, McKay, ad Hestridge 1995; Moloey 1995) Sobriety checkpoits have also bee show to reduce alcohol-related traffic crashes (Foss 1997, Lacey, i press). studied. Table 6 summarizes some of the eforcemet practices i use i the coutries Most coutries use some form of radom breath testig or sobriety checkpoits. The itesity of these eforcemet campaigs varies. The coutries i which radom breath testig is reportedly most itesively used iclude Frace, The Netherlads, New Zealad, Swede ad some states i Australia. Coutries vary i their laws regardig testig of drivers for the presece of alcohol uder various circumstaces. Table 7 summarizes some of these laws. Ulike the Uited States, may coutries do ot require a suspicio of itoxicatio before testig ca be doe. May coutries require testig of all drivers ivolved i a traffic crash. Most coutries require a driver to submit to testig uder prescribed circumstaces ad impose sigificat pealties for refusal to submit to testig. I Swede, if the driver refuses to be tested, a test ca be doe by force. I Norway, a driver ivolved i a crash is prohibited from cosumig alcohol after the crash util a test has take place. Therefore, eve if time elapses betwee the crash ad testig, the driver caot claim that the BAC measured resulted from havig igested more alcohol. 1 40

43 it Australia See State detail. See State detail. Australia Capitol Territory RBT used frequetly Not kow Itroduced December 1982 New South Wales RBT used frequetly. I New South Wales, the aual umber of RBT tests is well over half Itroduced 12/17/82 the umber of licesed drivers, a estimated 59 tests per 100 drivers per year. - Y Norther Territory RBT used frequetly Not kow :... Itroduced February : Queeslad RBT used frequetly There were 760,000 RBT tests i Queeslad i for about two millio licesed drivers, a ratio of 38 tests per 100 drivers. South Australia RBT used frequetly 600,000 i I 1995, i South Australia, there were 220,001 RBTs coducted for 965,000 liceses. I 1997, SA doubled the umber of breath tests carried out to more tha 600, Tasmaia RBT used frequetly Approximately 83 per 100 drivers i 1997 The umber of radom breath tests i Tasmaia has icreased i recet... years to approximately 83 per 100 drivers i Victoria RBT used frequetly 2.4 millio aually With about 2.9 millio drivers, Victoria ow coducts over 2.4 millio :... tests aually, givig a test:driver ratio of Wester Australia RBT used frequetly Approximately 85 per 100 drivers i The umber of radom breath tests i Wester Australia icreased from 52 per 100 drivers i to per 100 i

44 Table 6 - Cotiued. Austria Belgium Coutry Radom Breath Testig (RBT)/Sobriety Checkpoits Itesity of Eforcemet RBT used occasioally Approximately 94,973 Sice 1988 the Austria traffic police has bee supplied with breathalyzers. The results of the testig have the same witess at court as a blood sample. Cocerted actio at certai times i certai regios: depeds o the wated offese for the actio- i case of druk drivig eforcemet, as may cars as possible are stopped ad the driver's breath alcohol cocetratio will be checked. RBT used frequetly There have bee a lot of chages i drivig laws the last years ad the decreased accidet rates, umber of persos ijured or killed show the positive effects of these chages. I 1997, there were 94,973 breath checks for alcohol ad 1,118 blood tests, most of the breath tests take radomly. 234,964 stops carried out by police Eforcemet is high < ; Brazil Iformatio ukow Caada Radom stoppig of vehicles by police is allowed i Caada, but to Frequecy of use of sobriety checkpoits ad radom stops varies by request a breath or blood sample the officer must have "probable provice/territory. Some jurisdictios deploy them year roud while grouds" that the driver had bee usig alcohol. The use of radom others oly seem to use them durig the Christmas holiday period. stops varies across the coutry, but the Crimial Code of Caada rules Much of the eforcemet doe is based o secodary eforcemet as with respect to probable grouds are uiform. the result of a icidet such as a collisio, or from stadard patrols observig erratic drivig _ Czech Republic Iformatio ukow _ Demark RBT used occasioally Could be more efficiet. I December, there is a high degree of eforcemet (due to Christmas parties). Filad RBT used frequetly 1.5 to 2.0 millio stops It is at a good level, oly suspesio times for drivig licese are short. Frace Germay RBT used frequetly RBT ot permitted Eforcemet is high: Of 677,808 radom tests at check poits i 1997, 88,587 were positive. Of 1,522,785 tests coducted i 1997 as a result of traffic violatio, 95,115 were positive. Of 791,155 tests coducted as a result of accidets, 16,121 were positive Estimatios of the probability of detectio of drivig while itoxicated rage betwee 1/50 ad 1/

45 Table 6 -Cotiued. Coutry Radom Breath Tesbg (RBT)/Sobriety Checkpoits Itesity of Eforcemet Greece Iformatio ukow Irelad Iformatio ukow Italy Used occasioally. Not kow Japa Iformatio ukow Luxembourg Used occasioally. Not kow Netherlads RBT used frequetly I the Amsterdam police regio, approximately 90,000 motorists are tested at radom aually. This is the equivalet of oe test i every five driver's licese holders i the Amsterdam regio. Testig varies greatly by regio. Estimated 500,000 radom tests per year... atiowide New Zealad RBT used frequetly MM at CBT checkpoits; 380,000 mobile test New Zealad operates a radom breath testig program called "compulsory breath testig" (CBT). CBT laws give the police the power to test ay driver, aytime, ad aywhere without first havig a good cause to suspect that the driver has bee drikig. CBT is usually coducted at check-poits although the law also allows mobile patrols to stop ad test ay driver. Each police district is cotracted to deliver a certai umber of hours of alcohol eforcemet i their local commuities. Stadards for the level ad types of alcohol eforcemet activities are specified icludig CBT operatios. New Zealad's Road Safety Program for accouts for approximately 20 percet of the total NZ police budget. Strategic outputs of speed cotrol, drik or drugged driver cotrol, restrait device cotrol ad visible road safety eforcemet are delivered accordig to Risk Targeted Patrol Plas which allocate police strategic hours to kow road safety risks, days of the week, times of the day, areas, routes ad localities. The plas esure that traffic patrols are optimally targeted ad utilized, ad provide support for both locally ad atioally plaed road safety promotio campaigs _....: Norway Iformatio ukow Portugal Iformatio ukow Russia Iformatio ukow Spai RBT used frequetly Level of eforcemet is poor. Note o umber of tests: For a populatio of 39,000,000 ad 17,000,000 drivers, oly approximately 1,300,000 breath tests were performed i Swede RBT used frequetly Eforcemet has high priority. About 1.2 millio radom breath tests Ay police officer ca stop ay driver at ay time ad ay place ad per year i a populatio of approximately 4.5 millio drivers. request a screeig breath sample. A positive sample = suspicio which leads to evidetiary testig which ca be either blood or breath Switzerlad Iformatio ukow

46 Table 6 - Cotiued. Coutry Radom Breath Testig (RBT)/Sobriety Checkpoits Itesity of Eforcemet Uited Kigdom RBT ot permitted, although radom stoppig is permitted ad ca Eforcemet is reasoable ad icreasig. The drik-drive limit has lead to testig o suspicio. remaied uchaged sice it was first itroduced, alog with roadside breath testig, i Evidetial breath testig was itroduced i 1983 as a alterative to the takig of blood samples. By streamliig the prosecutio procedure, this has ecouraged a large icrease i roadside eforcemet. Better roadside screeig devices have also icreased eforcemet. I 1996 over 780,000 roadside tests were carried out i Eglad ad Wales aloe, compared with 241,000 i Uited States RBT ot permitted Varies from locality to locality. Sobriety checkpoits are permitted i most States. Their use varies greatly from locality to locality ad over time , = = _ _ =

47 Australia Coutry Testig Rules Australia Capitol Territory... Compulsory blood..._..._..._ testig... for drivers, cyclists,..._..._..._... ad pedestrias aged 15 or older attedig hospital after crash......_ _..._..._ New South Wales For drivers, riders, ad pedestrias over 15 years i hospitals after road crash. (12/17/82) Norther... Territory Queeslad South... Australia.._. -. Tasmaia Compulsory blood testig for drivers, riders ad pedestrias over age 15. (Not clear if this refers to those ivolved i road crash) Legislatio for compulsory blood testig passed i 1974 but was ot proclaimed Not available No legislatio o compulsory testig Victoria Compulsory blood testig of all people older tha 15 years who have bee take to hospital after a road crash. I 1991, chaged to Code of... Practice...:... Wester Australia No legislatio o compulsory breath testig Austria Belgium Table 7: BAC Testig Rules It is compulsory to submit to the testig. If the driver refuses testig, the police act as if a BAC of.16 is cofirmed. Util 1994 the police could carry out breath testig oly i case of reasoable suspicio of itoxicatio. Now they ca carry out breath testig i every case without reasoable excuse. The driver has to udergo the test. Used always if people get ijured, because the drivers will be ordered to court. If cars are little damaged ad it's possible for the drivers to remove the cars from the street, it's ot ecessary to call the police. If the police come to the accidet site because the damaged cars impede traffic, they use breath testig occasioally (i case of suspicio). There is o law which demads breath testig. Mostly the police check breath BAC i cases of suspicio of itoxicatio idepedet from the reaso for stoppig the car (traffic cotrol, traffic violatio, accidet, etc.) Most times breath testig is used. _-_ If the driver is ijured ad comes to hospital, a blood test is used _ The police may require a breath test of ay perso who is presumed to have caused a traffic accidet, eve if that perso is a victim; ay perso drivig a commercial vehicle or accompayig a appretice driver, or ay persos prepare to drive a vehicle or machie i a public place. Testig upo arrest is used frequetly. Breath testig is give, but a blood test is take if the result of the breath test is a miimum 0.22 mg/l, or whe the breath aalysis ca ot be executed or whe the driver is apparetly i a itoxicated state(due to either alcohol or drugs.) Brazil Iformatio ot available _ _--_ _

48 Table 7 -Cotiued. Caada Coutry Testig Rules There eeds to be a reasoable suspicio that alcohol is preset before a request for breath or blood ca be made. Eve i the breath checkpoits, requests for a sample must be based o a suspicio of alcohol. This is cosistet across the coutry, as the legislatio that covers drikig ad drivig is the Crimial Code of Caada ad is applicable across the coutry. Drivers ivolved i crashes are ot routiely tested. Depedig o the class (fatal, ijury, or property damage) of collisio, the officer may ot see the driver soo after the collisio. I the case of ijured drivers, there are a umber of problems. I the case of a ijured driver who ca ot provide a breath sample, the officer may request a blood sample. There is a process of obtaiig a tele-warrat to subpoea blood from ucoscious drivers. The actual practice is ot simple or straightforward as it raises other issues related to the chai of evidece, the patiet's health ad patiet cofidetiality. I additio, some health care professioals have cocers, real ad perceived, about their legal liability ad whether it is their job to do alcohol eforcemet with their patiets. However, testig o fatally ijured drivers teds to be high ad fairly cosistet across the coutry.... Czech Republic Iformatio ot available _..._ i _... _ _... { Demark Testig is always compulsory whe the police require a test Breath test _ at the roadside, followed by a blood test at the police statio i case the breath test idicates a illegal blood alcohol cocetratio -_- --_ Filad Testig is always compulsory if police officer suspects alcohol. Frace Breath testig is frequetly madatory for accidets that require a police report. Both blood or breath tests are permitted. Breath is take if the driver is able. -- to blow; blood if ijured or uable...-- to... blow.... Of 791, tests coducted... as a -- result of._... accidets, , _... were positive.... Germay Blood... testig is compulsory.. if there... is a fouded suspicio of itoxicatio Greece Iformatio ot available Irelad Italy Japa Luxembourg Iformatio ot available The blood alcohol cotet is checked by meas of breath tests. A BAC equal to or greater tha.08 per litre must be prove by at least two cocordat tests performed 5 miutes apart. The equipmet used for BAC measuremet is called "etilometro" (ethylometre.) BAC tests are usually carried out by the police patrollig the streets, roads ad highways, or they may be performed at saitary facilities (i which case the BAC may also be checked by meas of blood tests.) _ Iformatio _ ot available._ _- -_- - -_- -_- The alcohol test is madatory for drivers ivolved i a accidet with casualties. Testig is optioal whe obody has bee ijured. If a public prosecutor orders the police to carry out radom roadside checks, all drivers durig these checks must take a madatory alcohol test. If the breath test is positive, the driver has to submit to a blood test. Both breath ad blood testig are permitted. 46

49 Table 7-Cotiued. Netherlads New Zealad Norway Coutry Testig Rules Drivers are obliged to comply with a prelimiary breath test for alcohol (screeig test) whe asked by the police. The police are allowed to impose a temporary drivig ba o drivers suspected of beig uder the ifluece (as a result of the prelimiary breath test or otherwise.) A driver suspected of beig uder the ifluece is obliged to comply to evidetial breath testig (for alcohol) or evidetial blood testig (for alcohol or other impairig substaces) at the police statio. Refusig the evidetial breath or blood test is a crimial offese. If the evidetial test is refused by the driver, the result of the prelimiary breath test will be used as evidece i the subsequet crimial procedure. Refusig the prelimiary breath test is a violatio of admiistrative law. Breath ad blood testig are coducted depedig o the levels ad breath testig device used. If the perso returs a evidetial breath test result that is betwee 400 ad 600 micrograms alcohol/litre breath o a coclusive breath-testig device, he or she ca elect to have a blood test. However, if their breath alcohol level is over 600 micrograms/litre o a coclusive device, they do ot have the right to have a blood test ad will be prosecuted o the basis o the evidetial breath test results. If the alcohol testig is coducted o a o-coclusive device, the perso has the right to elect a blood test at all alcohol levels. It is ot a offese to refuse to submit to a evidetial breath test. However, ay perso who refuses a evidetial breath test will almost certaily be asked to suppy a blood specime. If the perso refuses to comply with this request, he or she ca be charged with refusig to supply a blood specime. This offese has the same pealties as a excess breath or blood alcohol offece. As the police have the power uder New Zealad's CBT laws to test ay driver, these laws allow them to test where there is suspicio of itoxicatio or whe a traffic violatio has bee committed. It is highly likely that all drivers who are suspected of beig itoxicated will be tested. The laws allowig CBT will cover drivers ivolved i crashes. I most serious crashes atteded by the police, it is highly likely that drivers will be tested for alcohol, especially if there is a suspicio that ay of the parties were ivolved i drikig. I fatal crashes, it is usual practice for blood samples to be take from deceased drivers for blood alcohol aalysis as part of the post mortem procedure. Breath ad blood alcohol tests ca be coducted o drivers ivolved i crashes if the driver is capable of udertakig a breath test. If the driver is ijured or ucoscious, a blood... specime ca be... take at the... hospital at the request of the police Iformatio ot available Portugal The blood alcohol cocetratio may be determied by a breathalyser or blood test. The Highway Code lays dow a coversio formula of 1 mg of alcohol per liter of air exhaled equals 2.3 mg of alcohol per liter of blood. Drivers uwillig to take a breathalyser test may opt for a blood test istead. Blood tests are coducted o all road accidet victims sufferig ijuries requirig hospital treatmet Russia Iformatio ot available Spai The law is ot well eforced. If the road accidet is ot so dagerous, the drivers are usually tested. If there is a perso ijured ad removed to the hospital, they are usually ot tested. People who are killed i traffic accidets should be screeed for alcohol i the blood, but this is quite rare Swede... A... driver caot refuse.... If he or she refuses a breath test, blood will be take with force if ecessary :... Switzerlad Iformatio... ot... available J 47

50 Uited Kigdom Uited States I the UK the police have virtually ulimited powers to stop a driver, but may oly admiister a breath test if a) the driver has bee i a accidet, b) the driver is believed to have committed a traffic offese, or c) the police officer has a resoable suspicio that the driver has bee `:. drikig. I ay cases, breath testig is used for screeig at roadside; breath, blood or urie for evidetial purposes. Varies from State to State Drivers i crashes are ofte ot tested. Testig of fatally ijured drivers varies greatly from State to State. Drivers must submit to testig if there is probable cause. Most States have pealties equal to or greater tha those for impaired drivig if the driver refuses to submit to testig. 48

51 * * Alcohol Use As ca be see from Table 8, the per capita cosumptio of alcohol varies greatly from coutry to coutry. Table 8: Per Capita Cosumptio (i liters) of Ethaol. Coutry Per Capita Alcohol Cosumptio Australia I (1994/5) i Austria (1995) Belgium 9.1 (1995) Brazil (1995) Caada Czech Republic 10.1 (1995) Demark 10.0 (1995) Filad 6.6 (1995) Frace 11.5 (1995) Germay 9.9 (1995) Greece 9.0 (1995) Irelad (1995) 8.8 (1995) Japa 6.6 (1995) Luxembourg 11.6 (1995) Netherlads (1995) New Zealad (1994/5) Norway 4.1 (1995) Portugal 11.0 (1.995) Russia 5.8 (1995) Spai 10.2 (1995) Swede (1995) Switzerlad (1995) Uited Kigdom (1995) Uited States 6.4 (1996) Source: 1996 World Drik Treds published by NTC Publicatios Amog coutries icluded i the table, the lowest cosumig coutries iclude Brazil, Norway, ad Swede (less tha five liters per capita). The highest cosumig coutries, drik at more tha twice that rate ad iclude Frace, Luxembourg, Portugal, Spai, Demark, ad the Czech Republic. 49

52 * * Laws Related to Youth Table 9 shows the miimum purchase age for alcohol as well as other laws related to youth. May coutries set a differet age for cosumptio tha for purchase. The miimum cosumptio or purchase age varies from as low as 14 to a high of 21. Some coutries report havig o miimum age. Eve i coutries that have a legally established miimum purchase age, reports of iformats i some coutries idicate that this law is widely igored ad that may people are uaware that ay such limit exists. The Uited States is very uusual i havig a miimum purchase age of 21. Iterestigly, i most coutries the miimum age for drivig licesure is older tha or equal to the drikig age, ulike the Uited States, i which all states allow licesure well before drikig is permitted. so

53 Table 9: Laws Related to Youth Coutry Miimum Drikig Age Miimum Purchase Age Miimum Drivig Age Graduated Licesig BAC Limit Australia Yes Australia Capitol Yes Territory... : New South Wales : Yes IVOrtem l emtory l Yes Queeslad = Yes South Australia Yes Tasmaia Yes I _ Victoria : Wester Australia Yes _ Austria for beer ad wie; Yes.05 or.25 mg/i i breath for all Yes Belgium 15 No limit 18 No.05 or.22 mg/liter of breath Brazil 18 Not available 18, 21 for commercial or i Not available heavy vehicles Caada 19 i Alberta ad Not available Set by provicial law Yes.08 Quebec, 18 i all others Alberta Yes.08 British Columbia Yes.08 Maitoba Yes.08 New Bruswick (16, istructioal Yes.08 permit with paretal coset) Newfoudlad (16 for learer's Yes : stage) Northwest... Territories No Nova Scotia 18 _ Yes Otario Yes :

54 Table 9 - Cotiued. Coutry Miimum Drikig Age Miimum Purchase Age Miimum Drivig Age Graduated Licesig BAC Limit Price Edward Islad Yes.08 Quebec Yes 8 Saskatchewa (15 for learers Yes.08 permit if erolled i course) Yuko No Czech Republic Iformatio ot available Demark Filad _ , _ No No = There are two limits:.05 or.25 mga for breath;.12 or.6 mga for breath for severe druke drivig Frace Yes.05 for a simple offese;.08 is a :... :......;... t peal offese... Germay 16 16, No.05_11 for crimial offese... Greece...:... Not available Not available Not available 05 Irelad 18 Not available Not available : Italy : Not available No Japa... Not available Not available... Not available i practice... Luxembourg...:... 17, :.. Noe Yes Netherlads Not available... 16, BAC or 220 mga BrAC New Zealad Yes.08 percet for drivers aged 20 or older (80 mg alcohol per 100 mis blood or 400 micrograms alcoholaitre breath) Norway 18,20 18, Yes.05 Portugal Noe Not kow 18 Yes.05 Russia 21 Not kow 18 Not available.02 Spai No.08 (will be.05 as of May 6, 1999) Swede i restaurats; 20 i 18 Yes.02 for druke drivig ad.10 for moopoly... stores :..gross druke drivig... Switzerlad 14-16, 18 for spirits 14-16, 18 for spirits 18 Not available.08

55 Table 9 - Cotiued. Coutry Miimum Drikig Age Miimum Purchase Age Miimum Drivig Age _ Graduated Licesig BAC Limit Uited Kigdom (though o effective 17 No.08; Breath alcohol limit 35 cotrol of cosumptio) microgrammes/100 ml (.35 male); urie alcohol limits 107 mg/100 ml g/e) r Uited States Varies from State to State 21 i all States Varies from 14 to States have.00 to.02 i all States graduated licesig systems. 6 States have some elemets of a graduated licesig system.

56 Social Attitudes about Drikig ad Drivig i Europe I 1996, a cosortium of Europea traffic safety agecies sposored the secod survey regardig Social Attitudes to Road Traffic Risk i Europe (SARTRE). Fiftee Europea coutries participated i the survey (SARTRE 1998). Survey agecies i each coutry iterviewed a represetative sample of approximately 1,000 licesed drivers (who had drive a motor vehicle i the last year) regardig their attitudes ad behavior i drivig, seat belt use, speedig, alcohol use, ad other related topics. The results of the survey highlight some of the wide variatios i attitudes ad behaviors from coutry to coutry ad culture to culture -eve withi Europe. Perceptios of risk, attitudes toward eforcemet ad pealties, ad drikig ad drivig behaviors vary i iterestig ad sigificat ways. While similar survey results are ot available for all of the coutries covered i this report, the variatios observed i Europe idicate the importace of the relatioship betwee the attitudes ad behaviors of drivers ad the ature of laws ad eforcemet i the coutry. The level of agreemet betwee striget laws ad supportive attitudes ad behavior ca be very ifluetial i determiig the degree to which existig laws will be eforced ad whether these laws are likely to be further stregtheed or eroded. The full report icludes detailed aalysis of may differet issues o a coutryby-coutry basis, but a brief summary of some of the issues most relevat to the curret project may be of iterest for selected coutries: Table 10. Social Attitudes about Drikig ad Drivig i Europe Coutry Social Attitudes Austria Alcohol is ot frequetly regarded as a mai cause of crashes. The recet law baig alcohol use for ew drivers fids great support. Drivig after drikig small amouts is ofte reported. There is also a larger tha average percetage of drivers who report drivig whe over the legal limit ad a larger umber of drivers who believe that they ca drik a large quatity before drivig. Belgium A high proportio of drivers i Belgium favor raisig the illegal BAC limit (it was recetly lowered to.05). Drivig whe over the limit is frequetly reported, as is... high cosumptio before drivig.... Filad May drivers support a full ba o alcohol o the roads, Drivers i Filad do ot drik ofte, but whe they do, they drik a lot. They do ot drive after drikig ad perceive that they have a high chace to be breathalyzed. Drivers do ot believe that alcohol is a frequet cause of crashes. 54

57 Table 10.- Cotiued. Coutry Social Attitudes Frace Frech drivers drik ofte, but they drik small amouts ad they drive afterwards (obeyig the limits). They reject a ba of alcohol o the roads ad support raisig the limit (it was recetly lowered). Drivers believe that alcohol is a...; frequet cause of crashes i Frace. Germay Germa drivers teded to respod to the survey i ways similar to the average... Europea respodets. Greece Greek drivers report i high proportio that they drik ad drive ad they say that they drik a cosiderable amout before drivig. They perceive that their chaces of beig breathalyzed are very low ad they support a lower BAC limit. Greek... drivers believe that alcohol is a frequet cause of crashes. Irelad I Few Irish drivers drik daily, but they drik large quatities ad drive after drikig. They would like to see the BAC limit raised. (It was lowered recetly to....08,) They believe that they are very ulikely to be breathalyzed. Italy May drivers i Italy drik ofte but ot i large quatities. They believe that their chaces of beig breathalyzed are low, but they ted to adhere to the legal limit of.08. May Italia drivers favor lowerig the BAC limit ad prohibitig drikig... amog youg drivers. Netherlads High proportios of drivers drik daily ad drik lightly. Few drivers report drivig after drikig ad may drivers support a ba of alcohol o the road ad for youg drivers. Drivers do ot perceive that alcohol is a frequet cause of crashes i the Netherlads. Portugal Drivers i Portugal drik ofte ad i small amouts ad ted to drive after drikig. The umber of alcoholic driks they believe to be permitted is higher... tha average ad they are... i favor of lowerig the BAC limit (curretly.05). Spai Spaish drivers believe that the umber of driks permitted before drivig is high ad ofte report drivig after drikig, although they believe that they adhere to the limit. The rate of abstetio is higher tha average i Europe. Drivers believe... that their chaces of beig breathalyzed are low. Swede Drivers report ifrequet cosumptio, but heavy cosumptio per occasio. They do ot drive after drikig ad support a ba o alcohol o the roads. Alcohol is perceived as a frequet cause of crashes i Swede. Switzerlad Swiss drivers believe that the chace of beig breathalyzed is low. At the same time a high proportio adhere to the limit. A sigificat proportio, however, exceed the limit, There is little support for a ba o alcohol while drivig, Alcohol cosumptio is moderate, for the most part. There may be differeces, however,...:... amog the Frech, Germa, ad Italia-speakig parts of the coutry. Uited Kigdom If drivers from the UK drik, they drik may uits of alcohol ad believe that drikig may uits before drivig is permissible. Alcohol is regarded as the most frequet cause of traffic crashes ad the likelihood of beig breathalyzed is cosidered low. At the same time, may drivers do ot drive after cosumig eve small amouts of alcohol. There is also cosiderable support for a complete ba o alcohol o the roads. The UK curretly has oe of the highest... BAC limits (;08) i Europe..

58 The Impact of Iteratioal Trade Agreemets May coutries are curretly ivolved i iteratioal trade agreemets. The North America Free Trade Agreemet ad the Europea Uio have the potetial to have a impact o alcohol policy ad laws related to impaired drivig (Vigilis, Lote, ad Seeley 1998). For example, policies that restrict the availability of alcohol ad impose high taxes i some Scadiavia coutries are threateed by free trade agreemets. The elimiatio of alcohol moopolies i Swede, Norway, ad Filad is projected to icrease cosumptio by early 100%, with a dramatic icrease i alcoholrelated traffic fatalities. BAC laws are also subject to chage by trade agreemets. I 1989, the Europea Commissio proposed harmoizig the maximum BAC to.05%. This would require lowerig the limit i some coutries ad raisig it i others. Similarly, laws related to commercial trasport are subject to harmoizatio. These laws iclude regulatios regardig drug ad alcohol use by commercial drivers ad required radom ad for-cause testig of drivers. I ay study of curret laws, the potetial impact of free trade agreemets must be cosidered. 56

59 * * * Other Research Needed Havig more complete ad curret iformatio regardig the rage of impaired drivig laws i coutries aroud the world is iterestig i itself. It would be eve more useful; however, to be able to examie the alcohol-related crash rates i these same coutries ad examie possible relatioships betwee existig laws ad crash rates. This task would ot be simple or straightforward. Oe major complicatio is that officially reported alcohol-related crash rates are subject to major differeces i measuremet ad reportig methodology, which ca make comparisos iaccurate. They may also be proe to error. For example, some recet official alcohol related crash rates i Europe appear i Table 11. Table 11: Officially Reported Proportio of Fatal Crashes Ivolvig Alcohol* Italy 0 /0 Luxembourg 4% Belgium 8% * The Netherlads 8% Swede 9% Uited Kigdom 15% Germay * 20% Filad 25% Spai 26% * Demark 29% Frace 40% Source: Directorate Geeral for Trasport of the Europea Commissio 1995 *The rate for 1995 reported i the US was 41.2% It is highly ulikely that some of these reported rates are accurate reflectios of what the rates would be if measured usig methods. similar to those used i the Uited States. For example, the officially reported rate i Swede of 9% is based o police reports of alcohol ivolvemet. Because of the ature of duties of police officers at the scee of fatal crashes, they are frequetly ot i a positio to judge whether alcohol was ivolved. Autopsies carried out o all fatally-ijured drivers fid a rate of 18% alcohol ivolvemet (Laurell 1999). This discrepacy illustrates some of the serious reportig ad measuremet problems that may distort alcohol-related fatality rates ad make comparisos across coutries difficult ad possibly misleadig.

60 The DG7 of the Europea Uio is curretly carryig out a project to describe the measuremet ad data collectio methodology ad maitai a database for all of the EU member states. The measuremet ad data collectio variables reported i the data base iclude: Who is tested (e.g., all drivers i ijury crashes, all passegers or pedestrias i ijury crashes, oly drivers suspected of beig uder the ifluece); The form of testig - blood or breath; What proportio of those who are supposed to be tested are actually tested; How a refusal to be tested is coded; What qualifies as a alcohol-related crash (e.g., over the legal limit, ay alcohol preset, some other limit); What the legal limits are for differet classes of vehicle operators. The draft database icludes extesive otatios o the figures reported for each coutry idicatig special circumstaces, caveats, ad difficulties i data iterpretatio. Thus, it is clear that to collect ad attempt to iterpret alcohol-related crash data ad compare the data across coutries will be challegig ad will require careful iterpretatio. Further work is eeded to collect ad iterpret iformatio o laws, alcoholrelated crashes, ad data quality. By carefully aalyzig this iformatio, the relatioship betwee laws related to impaired drivig ad alcohol-related traffic crashes ca be better uderstood. This aalysis ca cotribute to improvemets i laws ad policies.

61 Refereces Aberg, L.; Log Time Effects of a Lowered Blood Alcohol Limit i Swede, i Kloede, C. ad McLea, A. (eds.) Proceedigs of the 13t1, Iteratioal Coferece o Alcohol Drugs ad Traffic Safety, The Uiversity of Adelaide, Australia, pp Blomberg, R. (1992). Lower BAC limits for youth: Evaluatio of the Marylad 0.02 Law. I Alcohol ad Other Drugs: Their Role i Trasportatio. Trasportatio Research Circular No Washigto, DC: Natioal Research Coucil, pp Directorate Geeral for Trasport of the Europea Commissio, Alcohol, Drugs, ad Medicies ad Drivig, High Level Workig Party of Represetatives of the Govermets of the Member States, WP 1, VII/392/1995, p 21. Europea Trasport Safety Coucil (ETSC), Respose to the request of Sub-Committee B of the House of Lords' Europea Commuities Committee cocerig evidece of safety effects of a lower legal limit for the blood alcohol level for drivers (1997), Brussels, Belgium. Foss, R. (1997). Effect of a itesive sobriety checkpoit program o drikig-drivig i North Carolia, i Mercier-Guyo, C. (ed.), Proceedigs of the 14th Iteratioal Coferece o Alcohol, Drugs, ad Traffic Safety, CERMT, Aecy, Frace, pp Higso, R., Heere, T., Witer, M. (1994). Effects of lower legal blood alcohol limits for youg ad adult drivers, Alcohol Drugs ad Drivig, 10(3-4) pp Homel, R., McKay, P., ad Hestridge, J. (1995). The Impact o Accidets of Radom Breath Testig i New South Wales: I Kloede, C. ad McLea, A. (eds.) Alcohol, Drugs ad Traffic Safety Volume 2. Australia: NHMRC Road Accidet Research Uit pp Johso, D. ad Fell, J. (1995), The Impact of Lowerig the Illegal BAC Limit to.08 i Five States i the U.S., i Kloede, C. ad McLea, A. (eds.) Proceedigs of the 13th Iteratioal Coferece o Alcohol Drugs ad Traffic Safety, The Uiversity of Adelaide, Australia, pp

62 Lacey, J. (i press), "Checkpoit Teessee: Teessee's Statewide Sobriety Checkpoit Program." Natioal Highway Traffic Safety Admiistratio. Laurell, H. (1999), Impaired Drivig What' s New i Other Coutries, Paper preseted at the 78th Aual Meetig of the Trasportatio Research Board, Washigto DC, Jauary Moloey, M. (1995). Radom Breath Testig i the State of Victoria, Australia. Kloede, C. ad McLea, A. (eds.) Alcohol, Drugs ad Traffic Safety Volume 2. Australia: NHMRC Road Accidet Research Uit pp Natioal Highway Traffic Safety Admiistratio (Jauary 1, 1999). Digest of State Alcohol- Highway Safety Related Legislatio. (17th editio). DOT HS , Natioal Highway Traffic Safety Admiistratio. Natioal Trasportatio Safety Board (NTSB) (1993). Special Report to the States o Reducig the Icidece of Youth Ivolvemet i Highway Crashes. Washigto, DC. Natioal Trasportatio Safety Board (NTSB) (Jauary 1, 1990). Digest of State Alcohol- Highway Safety Related Legislatio. (17t11 editio). DOT HS , Natioal Highway Traffic Safety Admiistratio. Social Attitudes to Road Traffic Risk i Europe (SARTRE) (1998), The Attitude ad Behavior of Europea Car Drivers to Road Safety, SWOV, The Netherlads. Stewart, K., Grueewald, P., ad Roth, T. (1989). A Evaluatio of Admiistrative Per Se Laws. Bethesda, MD: Pacific Istitute for Research ad Evaluatio Vigilis, E., Lote, R., ad Seeley, J. (1998), Are trade agreemets ad ecoomic cooperatives compatible with alcohol cotrol policies ad ijury prevetio? Cotemporary Drug Problems, 25, Fall, pp Zador, P., Lud, A., Fields, M., ad Weiberg, K. (1989). Fatal Crash Ivolvemet ad Laws Agaist Alcohol-impaired Drivig. Joural of Public Health Policy 10:

63 Appedix A Coutry Iformatio Source Australia ;......:... Federal Office of Road Safety Austria ; Kuratorium fur Verkehrsicherheit Belgium Miistere Commuicatios et Ifrastructure......:... Brazil Copy of legal code from Law Library of Cogress Caada Caadia... Coucil... of Motor... Trasport... Admiistrators Czech Republic... Law Library of Cogress Demark Daish Coucil of Road Safety Research Filad Frace Natioal Public Health Istitute Cetre d'etudes et de Recherches e Medecie du Trafic... Germay Budesatstalt... fur Strassewese...:... Greece Law Library... of Cogress... Irelad... :... Law Library of Cogress... Italy Miistero dei Trasporti e della Navigazioe Japa... Published articles 1... Luxembourg Miistere des Trasports Dir. Circulatio Routiere Netherlads Mi. Verkeer e Waterstaat New Zealad Lad Trasport Safety Agecy... Norway Law Library of Cogress Portugal Law Library of Cogress... ad... copy of relevat statutes Russia Law Library of Cogress... Spai Dept. Farmacologia y Terapeutica, Uiversidad......<. Valladolid Swede :... Swedish... Natioal... Road Safety Admiistratio...:... Switzerlad Law Library of Cogress... Uited Kigdom Dept. of Eviormet, Trasport, ad Regios Uited States Natioal Highway Traffic Safety Admiistratio 1 E.B.R. Desapriya, ad Nobutada Iwase (1997), Accidet Aalysis ad Prevetio, Vol. 28, No.6, ; ad E.B.R. Desapriya (1998), Substace Use ad Misuse, 33(14) A-1

64 Appedix B: Drikig ad Drivig Laws Driver Licesig Laws Australia What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? All 8 States have graduated licesig programs. Details of programs are set by State law, however, the followig characteristics are commo to all: The program applies to all ew drivers regardless of age. Youg drivers may receive a learer's permit at age 16. The permit must be held for at least 12 moths before progressig to the probatioary stage (but the applicat must be at least 18 years old to receive a probatioary licese). The probatioary phase lasts 3 years. Probatioary licesees are limited to a lower BAC (see table 3) ad to lower speeds. They must display a special licese plate. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 What is the miimum purchase age for alcoholic beverages? 18 Per Capita Cosumptio (i litres of absolute alcohol): 7.6 (1994/5) mpared Drivig Laws What is the blood alcohol cotet (BAC) limit?.05

65 What is the BAC limit for youger drivers, if differet? See State detail. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? See State detail. How log has the preset BAC limit bee i effect? See State detail. Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? Yes Sactios See State detail. Rehabilitatio ad Regratig of Liceses See State detail. Eforcemet See State detail B-2

66 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Australia Capitol Territory What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? Yes Alcohol Purchase ad Cosumptio What Is the miimum drikig age? 18 What is the miimum purchase age for alcoholic beverages? 18 mpaired Drivig Laws What Is the blood alcohol cotet (BAC) limit?.05 What is the BAC limit for youger drivers, if differet?.02 for learers ad provisioal liceses for ew drivers uder the age of 25 for the first 3 years of drivig. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)?.02 for drivers of vehicles over 15 GVMt plus dagerous goods..02 for drivers of licesed public vehicles. How log has the preset BAC limit bee i effect? Sice Jauary 1, 1991

67 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Fies are graduated accordig to BAC level, begiig with.02 ad are combied with some suspesio of licese ad possible imprisomet for higher BAC levels. Suspesio of drivers licese: Licese suspesio time icreases with BAC level, begiig with a possible 3 moth suspesio for a BAC of.02 to.05, ad icreasig to a maximum of 36 moths for a BAC of over.15. Imprisomet: For.08 to.15, fied up to 10 pealty uits ad/or 6 moth maximum gaol ad 12 moth maximum suspesio. For BAC over.15, fied up to 15 pealty uits ad/or 9 moth maximum gaol ad 36 moth maximum suspesio. What are the sactios for multiple offeses? Fie: Fies follow the same graduated scale accordig to BAC level but amouts are icreased for multiple offeses. Suspesio or revocatio of drivers licese: Licese suspesios graduated accordig to BAC level as with first offese, but legth of suspesio is icreased for multiple offeses. Imprisomet: Legth of setece icreases for multiple offeses. Details o Sactios: For first offese: For BAC of.02 to.05, fied up to 5 pealty uits, 3 moth maximum suspesio of licese. For.05 to.08, fied up to 5 pealty uits, 6 moth maximum suspesio. For.08 to.15, fied up to 10 pealty uits ad/or 6 moth maximum gaol ad 12 moth maximum suspesio. For BAC over.15, fied up to 15 pealty uits ad/or 9 moth maximum gaol ad 36 moth maximum suspesio. For multiple offeses: For.08 to.15, fied up to 10 pealty uits ad/or 6 moth maximum gaol ad 12 moth maximum suspesio. For BAC over.15, fied up to 15 pealty uits ad/or 9 moth maximum gaol ad 36 moth maximum suspesio. B-4

68 Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? No legislatio, but court may order attedace at course What Is the process for regratig drivers liceses that have bee suspeded or revoked? Not available. Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Testig..._._._..._..._.._..._..._..._..._..._.._..._._..._..._..._..._... oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash. Commets Used frequetly. Itroduced December _..._ _ _.... Used occasioally. Compulsory blood testig for drivers, cyclists, ad pedestrias aged 15 or older attedig hospital after crash. Uder what circumstaces is it compulsory for a driver to submit to testig? Compulsory blood testig for drivers, cyclists, ad pedestrias aged 15 or older attedig hospital after crash. Number of radom tests coducted aually, If kow: Not kow.

69 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws New South Wales What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? Yes Alcohol Purchase ad Cosumptio What Is the miimum drikig age? 18 What Is the miimum purchase age for alcoholic beverages? 18 mpalred Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 What is the BAC limit for youger drivers, if differet?.02 for learers, provisioal liceses (sice 4/2/85);.02 for ew drivers uder the age of 25; ad.02 for the first 3 years of drivig (sice 1/1/91). Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)?.02 for drivers of heavy vehicles > 13.9GVMt ad dagerous or radioactive goods vehicles, buses, taxi cabs, hire cars (passeger vehicles >13.9t). How log has the preset BAC limit bee i effect?.05 sice December 17, 1982;.02 for learer sice April 2,1985,.02 for youger drivers, passeger or heavy vehicles sice Jauary 1, a-s

70 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Fies are graduated based o BAC level. For drivers uder 25 ad professioal drivers with BAC betwee.02 ad.05, maximum fie of $550 ($ US) ad automatic 3 moth disqualificatio. Fies icrease with BAC level. Suspesio of drivers licese: All BAC levels over.02 for drivers uder 25 ad professioal drivers, ad over.05 for all other drivers icur a automatic disqualificatio of the licese. The legth icreases with icreased BAC level. Immediate suspesio of licese for a higher level offese. Imprisomet: Up to 6 moth imprisomet possible for BAC of.08 to.15; icreasig to up to 9 moths for BACs greater tha.15. What are the sactios for multiple offeses? Fie: Fies for multiple offeses follow a similar graduated scale accordig to BAC level, but amouts are icreased. Suspesio or revocatio of drivers licese: Legth of period of disqualificatio icreases with multiple offeses. (See detail) Imprisomet: Up to 9 moths for BAC of.08 to.15; 12 moths for BAC greater tha.15. Details o Sactios: For first offese: For BAC of.02 to.05 for uder 25 or professioal drivers, $550 ($ US) maximum fie plus automatic 3 moth disqualificatio. For.05 to.08, $550 ($ US) maximum fie plus automatic 6 moth disqualificatio. For.08 to.15, $1,100 ($ US) maximum fie ad/or 6 moth maximum gaol plus disqualificatio for 3 moth miimum, 12 moth automatic (the court has the power to order a shorter or loger period), o maximum disqualificatio. For BAC greater tha.15, immediate suspesio of licese, $1,650 ($1, US) maximum fie ad/or 9 moth gaol plus 6 moth miimum, 3 years automatic disqualificatio, o maximum disqualificatio. For multiple offeses: For BAC of.02 to.05 for uder 25 or professioal drivers, $1,100 ($ US) maximum fie plus automatic 12 moth disqualificatio, 3 moth miimum, o maximum disqualificatio. B-7

71 For.05 to.08, $1,100 ($ US) maximum fie plus automatic 12 moth, 3 moth miimum, o maximum disqualificatio. For.08 to.15, $1,100 ($ US) maximum fie ad/or 6 moth maximum gaol plus disqualificatio for 6 moth miimum, 3 years, o maximum disqualificatio. For a BAC greater tha.15, immediate suspesio of licese, $2,200 ($1, US) maximum fie ad/or 12 moth maximum gaol plus 1 year miimum, 5 years, o maximum disqualificatio. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? Not kow. What Is the process for regratig drivers liceses that have bee suspeded or revoked? Ay driver covicted of a drik drivig offece ad over.15 rage must udergo medical assessmet ad receive positive results before re-issue of licese. Eforcemet Eforcemet Techique Commets Radom breath testig (or similar eforcemet techique) Used frequetly. Itroduced 12/17/82..._ _.... _ _ _...._ _.._ _....,_.. _... _._... _..._.._ _... _._.. Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash. Madatory. Uder what circumstaces is it compulsory for a driver to submit to testig? For drivers, riders, ad pedestrias over 15 years i hospitals after road crash. (12/17/82) Notes o the level of eforcemet of Impaired Drivig Laws: I New South Wales, the aual umber of RBT tests is well over half the umber of licesed drivers, a estimated 59 tests per 100 drivers per year. Number of radom tests coducted aually, if kow: 59 per 100 drivers aually K-8

72 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Norther Territory What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? Yes Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 What Is the miimum purchase age for alcoholic beverages? 18 mpalred Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 What is the BAC limit for youger drivers, if differet?.00 (.02 tolerace) for ulicesed, learer ad provisioal licese drivers (1985). Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)?.00 (.02 tolerace) for drivers of vehicles >15GVMt + dagerous goods; for buses with more tha 12 seats ad vehicles with passegers i load space. How log has the preset BAC limit bee i effect?.05 passed i 1992, implemeted i 1994;.00 for ew drivers i 1985;.00 for certai vehicles passed i 1992, but commecemet pedig P--9

73 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Fies are graduated accordig to BAC level ad combied with licese suspesio ad possible imprisomet. Rage is from $500 to $1,000 ($ to $ US). Suspesio of drivers licese: Legth of licese suspesio for drivers who are uder 18 or who have a learer or provisioal licese ad a BAC level over.00 is a miimum 3 moth licese loss. Legth of suspesio is graduated for icreasig BAC levels up to a 12 moth miimum immediate suspesio for a BAC of over.15. Imprisomet: Possible imprisomet terms ragig from 3 moth to 12 moth maximum, graduated by BAC level. What are the sactios for multiple offeses? Fie: Fies follow a similar schedule as with first offese accordig to BAC level, but amouts ad legth of licese suspesio ad imprisomet icreases for multiple offeses. Rage is from $750 to $2,000 ($ to $1, US). Suspesio or revocatio of drivers licese: Legth of suspesio follows a similar schedule as with first offese, but legth is icrease for multiple offeses. Rage is 6 moth miimum to 5+ years. Imprisomet: Legth of setece follows a similar schedule as with first offece, but legth is icreased for multiple offeses. Rage is from 6 moth miimum to 12 moth maximum. Other: Repeat offeders with BAC of.08 to.15 may be seteced to a 14-hour course for repeat offeders. Refusig a blood test carries the same pealties as a BAC of over.15. Details o Sactios: For first offese: For BAC over.00 ad driver who is uder 18, or has a learer or provisioal licese, or ulicesed a fie of $500 ($ US), 3 moth maximum gaol with 3 moth miimum licese loss. For BAC of.00 to.05 ad driver of specified vehicles or uder 25, fie of $500 ($ US), 3 moth maximum gaol ad Traffic Ifrigemet Notice (TIN). For BAC of.05 to.08, TIN plus a fie of $500 ($ US), 3 moth maximum gaol. For BAC betwee.08 ad.15, a fie of $750 ($ US), 6 moth miimum licese loss, 6 moth maximum gaol, ad a 10-hour course. k- 10

74 For BAC over.15, fie of $1000 ($ US), 12 moth maximum gaol, miimum 12 moth immediate suspesio, 14-hour course. For multiple offeses: For a BAC over.00 ad uder 18, learer or provisioal licese, or ulicesed, a fie of $750 ($ US), 6 moth maximum gaol, 6 moth miimum licese loss. For a BAC of.00 to.05 ad a driver of specified vehicles or uder 25, $750 ($ US) fie, 6 moth maximum gaol, TIN. For a BAC betwee.05 ad.08, TIN, $750 ($ US) fie, 6 moth maximum gaol, 6 moth miimum suspesio. For a BAC betwee.08 ad.15, $2,000 ($1, US) fie, 12 moth maximum gaol, 12 moth miimum suspesio. Immediate suspesio if previous offese withit 10 years, 14-hour course for repeat offeders. For a BAC over.15, $2,000 ($1, US) fie, 12 moth maximum gaol, 5 year miimum suspesio. Withi 3 years of previous offese of >.15, or 2 or more offeses, 18 moth immediate suspesio. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? No legislatio requirig rehabilitatio, but registrar of motor vehicles may impose coditios o retur of licese. What Is the process for regratig drivers liceses that have bee suspeded or revoked? Registrar of motor vehicles may impose coditios o retur of licese. Eforcemet Eforcemet Techique Commets Radom breath testig (or similar eforcemet techique) ^ Used frequetly. Itroduced February Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash. Uder what circumstaces Is It compulsory for a driver to submit to testig? Compulsory blood testig for drivers, riders ad pedestrias over age 15 ivolved i road crash. Number of radom tests coducted aually, if kow: Not kow. K-11

75 * * Drikig ad Drivig Laws by State or Provice,Driver Licesig Laws Queeslad What Is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? Yes Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 What Is the miimum purchase age for alcoholic beverages? 18 mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 What Is the BAC limit for youger drivers, if differet?.00 (.02 tolerace) for drivers uder 21. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)?.00 (.02 tolerace) for drivers of vehicles > 4.5GVMt, ad for drivers of buses. How log has the preset BAC limit bee I effect?.05 sice December 20, A BAC of.00 for youg drivers ad drivers of buses or heavy vehicles sice Jauary 1, Other commets o BAC provisios of the law: Immediate 24 hour licese suspesio for all BAC offeses.

76 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: $1,050 ($ US) maximum fie for drivers uder 25 ad drivers of specified vehicles for BAC level up to.05. Fies icrease with BAC level up to a maximum of $2,100 ($1, US) for a BAC of over.15. Suspesio of drivers licese: There is a automatic suspesio of 24 hours for all BAC levels. Disqualificatio of licese for 3 to 9 moths depedig o BAC level. Imprisomet: Possible 3 to 9 moths depedig o BAC level. What are the sactios for multiple offeses? Fie: Maximum $1,500 ($ US) fie for BAC betwee.05 ad.15. Fies icrease with BAC level up to a maximum of $2,550 ($1, US) for BAC of over.15. Suspesio or revocatio of drivers licese: 3 moth to 2 years disqualificatio depedig o BAC level ad umber of offeses. Imprisomet: 6 to 18 moths depedig o BAC level ad umber of offeses. Other: After umerous drik drivig offeses, if ca be made a coditio of covictio to udergo a rehabilitatio course coducted by the Queeslad Corrective Services Commissio. Details o Sactios: For first offese: For a BAC up to.05 i learers ad probatioary drivers uder 25, ulicesed drivers, ad drivers of heavy vehicles, public trasport, dagerous goods, fie for first offese is $1,050 ($ US) maximum or 3 moth gaol with 3 to 9 moths disqualificatio. For other drivers with BAC betwee.05 ad.15 there is a ticket system which is optioal for the police to use with a miimum fie of $100 ($62.90 US) for BAC of.05, ad icreasig with BAC level. For BAC over.15, $2,100 ($1,320,90 US) maximum or 9 moth gaol with 6 moth disqualificatio. Pealty for refusal of blood or breath test is $2,100 ($1, US) maximum fie or 9 moth gaol with 6 moth disqualificatio. For multiple offeses: For secod offece BAC betwee.05 ad.15, maximum fie of $1,500 ($ US) or six moth gaol with 3 to 18 moth disqualificatio. A susequet BAC betwee.05 ad.15 carries a $2,100 ($1,320,90 US) maximum fie or 9 moth maximum gaol with 6 moth disqualificatio. For a secod offese BAC over.15, or for refusal to take a blood B-13

77 or breath test, the pealty is a maximum fie of $2,550 ($1, US) or 18 moth gaol with 12 moth disqualificatio. A third or subsequet offece betwee.05 ad.15 carries a $2,100 ($1,320,90 US) maximum fie or 9 moth maximum gaol with 6 moth disqualificatio. For a secod offese BAC over.15, or for refusal to take a blood or breath test, the pealty is a maximum fie of $2,550 ($1, US) or 18 moth. gaol with 12 moth disqualificatio. For a subsequet offese of BAC over.15, imprisomet must. form part of the setece with a 2 years disqualificatio. For subsequet refusals to take a blood or breath test, imprisomet may form all or part of the puishmet with a 2 year disqualificatio. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? After umerous drik drivig offeses, if ca be made a coditio of covictio to udergo a rehabilitatio course coducted by the Queeslad Corrective Services Commissio. What is the process for regratig drivers liceses that have bee suspeded or revoked? Not available. Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) _..._..._ _ _ _... _... _.._ _ Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash. Commets :.._.._...-_ j Used frequetly. Uder what circumstaces is it compulsory for a driver to submit to testig? Legislatio for compulsory blood testig passed i 1974 but was ot proclaimed. Notes o the level of eforcemet of Impaired Drivig Laws: There were 760,000 RBT tests i Queeslad i for about two millio licesed drivers, a ratio of 38 tests per 100 drivers. Number of radom tests coducted aually, if kow: 760,000 ( ) B-14

78 * * Drikig ad Drivig Laws by State or Provice :Driver Licesig Laws South Australia What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? Yes Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 What Is the miimum purchase age for alcoholic beverages? 18 mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 What is the BAC limit for youger drivers, if differet?.02 for drivers up to 19 years. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)?.02 for drivers of vehicles > 15 GVMt; drivers of buses with more tha 12 seats, taxis, ad hire cars. How log has the preset BAC limit bee i effect?.05 sice July 1, for youg drivers ad drivers of certai vehicles sice Jue 1,1992

79 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Fie for learers or probatioary drivers with BAC over.00 is a maximum $1,000 ($ US). Fies for other drivers rage from $114 to $1,200 ($71.71 to $ US) depedig o BAC level ad circumstaces of adjudicatio. Suspesio of drivers licese: Learers or probatioary drivers with BAC over.00 receive 6 moth disqualificatio. Other drivers ca be disqualified for period of 6 to 12 moths depedig o BAC level. Demerit poits o the licese are also give depedig o BAC level. Imprisomet: For BAC over.15 (DUI), 3 moth maximum gaol. What are the sactios for multiple offeses? Fie: Rage is $700 to $2,500 ($ to $1, US) depedig o BAC level. Suspesio or revocatio of drivers licese: Rage is 12 moths to 3 years depedig o BAC level. Imprisomet: For BAC Over.15 (DUI), 6 moth maximum gaol. Other: If covicted of 2 or more drik drivig offeses withi 3 years i the metropolita area, the the court orders that the driver must be referred for Drik Driver Assessmet. Details o Sactios: For BAC >.00 for learers ad probatioary drivers, $1,000 ($ US) maximum fie plus 6 moth disqualificatio. For drivers with BAC betwee.05 ad.08, a Traffic Ifrigemet Notice, $114 ($71.71 US) fie ad 3 demerits. If court decisio, $700 ($ US) maximum fie plus $7 ($4.40 US) victims of crime levy. For drivers with BAC betwee.08 ad.15, $500 ($ US) miimum, $900 ($ US) maximum fie plus 6 moth disqualificatio ad 5 demerit poits. For BAC over.15 (DUI), $700 ($ US) miimum, $1,200 ($1, US) maximum fie or 3 moth maximum gaol plus 12 moth miimum disqualificatio ad 6 demerit poits. For refusal to take blood or breath test, $700 ($ US) miimum, $1,200 ($1, US) maximum fie plus 12 moth miimum disqualificatio ad 6 demerit poits. B-16

80 For multiple offeses: For BAC betwee.00 (for learers ad probatioary drivers) ad.08, pealty is same as for first offese. For BAC betwee.08 ad.15, fie of $700 ($ US) miimum, $1,200 ($1, US) maximum plus 12 moth miimum disqualificatio ad 6 demerit poits. Susequet offese carries a fie of $1500 to $2500 with a maximum 3 years disqualificatio. For BAC over.15 (DUI), pealty is a fie of $1,500 to $2,500 ($ to $1, US) or 6 moth maximum gaol with a miimum 3 years disqualificatio ad 6 demerit poits. The pealty for secod offese of refusal to take a blood or breath test is a fie of $1,500 to $2,500 ($ to $1, US) with a miimum 3 years disqualificatio ad 6 demerit poits. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? If covicted of 2 or more drik drivig offeses withi 3 years i the metropolita area, the the court orders that the driver must be referred for Drik Driver Assessmet. What is the process for regratig drivers liceses that have bee suspeded or revoked? Not available. Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio...._... _..._......_... _. Testig whe driver is ivolved i a crash. Commets Used frequetly. I 1995, i South Australia, there were 220,001 RBTs coducted for 965,000 liceses. I 1997, SA doubled the umber of breath tests carried out to more tha 600,000. Uder what circumstaces is It compulsory for a driver to submit to testig? Not kow. Number of radom tests coducted aually, If kow: 600,000 i 1997

81 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Tasmaia What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? Yes Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 What is the miimum purchase age for alcoholic beverages? 18 mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 What Is the BAC limit for youger drivers, If differet?.00 (.02 tolerace) for 3 years for ew drivers ad those ot holdig a licese for 12 moths. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)?.00 (.02 tolerace) for drivers of vehicles >4.5+ >7.5 combiatio; for buses with more tha 12 seats ad licesed public vehicles. How log has the preset BAC limit bee I effect?.05 sice Jauary 6, 1983;.00 for ew drivers ad drivers of certai vehicles sice May 1992

82 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Fies rage from $200 to $3,000 ($ to $1, US) depedig o BAC level. Suspesio of drivers licese: Suspesio rages from 3 to 36 moths depedig o BAC level. Imprisomet: Seteces rage from 3 to 12 moths depedig o BAC level. What are the sactios for multiple offeses? Fie: Fies rage from $400 to $6,000 ($ to $3, US) depedig o BAC level. Suspesio or revocatio of drivers licese: Suspesio rages from 6 to 72 moths depedig o BAC level. Imprisomet: Seteces rage from 6 to 24 moths depedig o BAC level. Other: A offeder cosidered to be alcohol depedet (i.e., very high BAC levels or multiple drik drivig offeses) ca be required to atted rehabilitatio. Details o Sactios: BAC <.05, 2-10 pealty uits, 3 moth maximum gaol, 3-12 moth disqualificatio. BAC betwee.05 ad.10, 2-10 pealty uits, 3 moth maximum gaol, 3-12 moth disqualificatio BAC betwee.1 ad.15,4-20 pealty uits, 6 moth maximum gaol, 6-18 moth disqualificatio BAC >.15, 5-30 pealty uits, 12 moth maximum gaol, moth disqualificatio Failure to comply, 5-30 pealty uits, 12 moth maximum gaol, moth disqualificatio (Note, each pealty uit equals $100) For multiple offeses: BAC <.05, 4-20 pealty uits, 6 moth maximum gaol, 6-24 moth disqualificatio. BAC betwee.05 ad.10, 4-20 pealty uits, 6 moth maximum gaol, 6-24 moth disqualificatio BAC betwee.10 ad.15, 8-40 pealty uits, 12 moth maximum gaol, moth disqualificatio BAC >.15,10-60 pealty uits, 24 moth maximum gaol, moth disqualificatio 18-19

83 Failure to comply, pealty uits, 24 moth maximum gaol, moth disqualificatio (Note, each pealty uit equals $100) Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? A offeder cosidered to be alcohol depedet (i.e., very high BAC levels or multiple drik drivig offeses) ca be required to atted rehabilitatio. What Is the process for regratig drivers liceses that have bee suspeded or revoked? Curretly (as of November 1997) cosiderig a rage of optios as stadard coditio for reissue of licese followig disqualificatio. Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of Itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash. Commets Used frequetly. The umber of radom breath tests I Tasmaia has Icreased I recet years to approximately 83 per 100 drivers i Uder what circumstaces Is it compulsory for a driver to submit to testig? No legislatio o compulsory testig. Number of radom tests coducted aually, If kow: Approximately 83 per 100 drivers i 1997

84 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Victoria What Is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? Yes Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 What Is the miimum purchase age for alcoholic beverages? 18 mpalred Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 What Is the BAC limit for youger drivers, If differet?.00 (.02 tolerace) for 1st year probatioary ad ulicesed drivers. Zero limit exteded for first three years of licese (8/2/90). Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)?.00 (.02 tolerace) for drivers of vehicles >15GVMt, ad drivers of buses with 12 or more passegers. How log has the preset BAC limit bee i effect? The limit has bee.05 sice Jue For ew drivers ad drivers of heavy or passeger vehicles the limit has bee.02 sice Jauary 1, B-21

85 Other commets o BAC provisios of the law: Full licese holders who are covicted or foud guilty of a drik drivig offese ad are re-licesed after obtaiig a court order are restricted to a zero BAC for 3 years (Z coditio licese.) Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: $1,200 ($ US) maximum fie Suspesio of drivers licese: For learers or probatioary drivers with BAC over.00, disqualificatio for 6 moth maximum, 1 moth miimum with extesio of probatioary period for up to 7 moths. 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. Imprisomet: 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, $2,500 ($1, US) maximum fie or 3 moth gaol plus 2 years miimum disqualificatio. What are the sactios for multiple offeses? Fie: $2,500 ($1, US) maximum fie. Suspesio or revocatio of drivers licese: Police have the power to susped the licese o the spot util the case is heard for all 2d offeders. I March 1987, police were give the power to susped the licese o the spot util the case is heard, where a BAC is.15 or more. I Jue 1991, the power was exteded to iclude all 2d offeders. Details o Sactios: For BAC of.00 to.05 for probatioary, learer, or ulicesed drivers, $1,200 ($ US) maximum fie ad possible 6 moth maximum disqualificatio, oe moth miimum suspesio ad extesio of probatioary period for 7 moths for probatioers. For BAC of.05 to.10, $1,200 ($ US) fie plus disqualificatio for 6 moth miimum. For.10 to.11, $1,200 ($ US) fie plus disqualificatio for 10 moth miimum. B-22

86 For.11 to.12, $1,200 ($ US) fie plus disqualificatio for 11 moths, ad so o, icreasig the period of disqualificatio by oe moth per poit BAC. For multiple offeses: For BAC of.00 to.05 for probatioary, learer, ad ulicesed drivers, $2,500 ($1, US) maximum or 3 moth maximum gaol plus 12 moth miimum disqualificatio. For BAC over.05, $2,500 ($1, US) maximum fie or 3 moth gaol plus disqualificatio for 12 moth miimum for.05 to.07,14 moths for.07 to.08,16 moths for.08 to.09 ad so o with the period of disqualificatio icreasig by 2 moths for every poit of icreased BAC. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? Rehabilitatio requiremets as a precoditio of relicesig exist for multiple categories of covicted drig drivers. Exact requiremets deped o age, licese category, BAC rage of the offeder. What is the process for regratig drivers liceses that have bee suspeded or revoked? Full licese holders who are covicted or foud guilty of a drik drivig offece ad are re-licesed after obtaiig a court order are restricted to a.00 BAC for 3 years (Z coditio licese.) Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio _ Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash Commets Used frequetly. With about 2.9 millio drivers, Victoria ow coducts over 2.4 millio tests aually, givig a test:driver ratio of.83. Uder what circumstaces is it compulsory for a driver to submit to testig? Compulsory blood testig of all people older tha 15 years who have bee take to hospital after a road crash. I 1991, chaged to Code of Practice. Number of radom tests coducted aually, if kow: 2.4 millio aually B-23

87 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Wester Australia What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? Yes Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 What is the miimum purchase age for alcoholic beverages? 18 mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 What Is the BAC limit for youger drivers, If differet?.02 for probatioary drivers for 12 moths Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? Legislatio proposed but ot yet passed:.02 BAC limit for drivers of vehicles >15 ad for drivers of buses with more tha 8 seats, taxis, hire cars. How log has the preset BAC limit bee i effect?.05 sice September 1988;.02 for probatioary drivers sice August Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? B-24

88 Fie: Fies rage from $100 to $800 ($62.90 to US) depedig o age ad BAC level. $600 ($ US) miimum fie for failure to provide a breath test. Suspesio of drivers licese: For BAC greater tha.08, a fie of $500 to $800 ($ to $ US) with a 3 moth miimum licese disqualificatio. For failure to provide breath test whe requested, a miimum fie of $600 ($ US) or 6 moth suspesio. What are the sactios for multiple offeses? Fie: For BAC over.08, fies for multiple offeses rage from $600 to $2,500 ($ to $1, US) depedig of the umber of offeses. Suspesio or revocatio of drivers licese: Period of disqualificatio for multiple offeses rages from 6 moths to permaet disqualificatio depedig of the umber of offeses. Imprisomet: For secod offese of drivig uder the ifluece of alcohol or drugs, $1,000 to $1,800 ($ to $1,132,20 US) fie or 6 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. Note o sactios: The pealties for traffic offeses i Wester Australia have recetly udergoe a major review. Regulatory ad legislative chages are curretly beig progressed. The drik drivig pealties require legislative chages ad are curretly i the Wester Australia Parliamet. Details o Sactios: Over.02, uder 18, P's or L's, ulicesed-fie of $100 to $300 ($62.90 to US). For BAC betwee.05 ad.08, a maximum $500 ($ US) fie. For BAC greater tha.08, a fie of $500 to $800 ($ to $ US)with a 3 moth miimum licese disqualificatio. For failure to provide breath test whe requested, a miimum fie of $600 ($ US) or 6 moth suspesio. For multiple offeses: For secod ad subsequet offeses of BAC over.08, fie of $600 to $1,200 ($ to US) with 6 moth miimum disqualificatio. For secod offese of drivig uder the ifluece of alcohol or drugs, $1,000 to $1,800 ($ to 1, US) fie or 6 moth gaol with a 2 year miimum disqualificatio. B-25

89 For third offese, fie is $1,200 to $2,500 ($ to $1, US) or 18 moths gaol with permaet disqualificatio of licese. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? No requiremet for rehabilitatio program. What is the process for regratig drivers liceses that have bee suspeded or revoked? Not available. Eforcemet Eforcemet Techique Commets Radom breath testig (or similar eforcemet Used frequetly. The umber of radom breath tests i techique) Wester Australia icreased from 52 per 100 drivers i -..._ _ to 85 per 100 i Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash _..._......_..._..._..._ _..._._.._-_... _...._l.._... _._._....._...._....._.._._.._._....._.._ Uder what circumstaces is it compulsory for a driver to submit to testig? No legislatio o compulsory breath testig. Number of radom tests coducted aually, if kow: Approximately 85 per 100 drivers i

90 Drikig ad Drivig Laws Driver Licesig Laws Austria What is the miimum licesig age for drivers of private automobiles? 17 (Category B: automobile) Is there a system of graduated licesig for ew drivers? It is possible to start with the theoretical ad practical educatio at the age of 16, if you apply for a advaced drivig licese. A probatioal licese is issued for a period of two years, after which it is automatically coverted to a permaet licese. Holders of a probatioal licese are limited to a maximum of.01 ad must cotiue traiig if they demostrate poor behaviour. It is ot possible to shorte the probatioary period, but authorities may prolog it for various reasos icludig alcohol-related offeses. The probatioary period ca be exteded for 1 year, up to 3 times. If the driver commits a offese after the third extesio, the licese ca be withdraw. Details of graduated licesig program: The cadidate must Be qualified for traffic Show ecessary physical ad metal maturity Show health qualificatio Have oe or two authorized accompaists for drivig. After the theoretical ad practical traiig at drivig school the accompaists must ask for permissio to drive o public roads together with the cadidate. Durig accompaied drivig the BAC limit is.01 BAC or 0.05 mg/l i breath for both accompaist ad cadidate. There are also specific restrictios cocerig speed limits (80km/h o coutry roads - istead of 100 km/h, 100km/h o highways - istead of 130km/h). The car must be labeled for accompaied drivig. The cadidate has to keep records of all drivig lessos. Every 1,000 drive kilometers accompaist ad cadidate must atted a special traiig at drivig school. After 3,000 drive kilometers ad aother perfectio traiig at drivig school, but ot before the 17th birthday, the cadidate ca take the drivig test. 1B-27

91 If the cadidate passes drivig test he or she is allowed to drive special labeled cars. Util his or her 18th birthday he or she has to observe the same speed-limits like durig his or her educatio. The drivig licese is uder probatio util his or her 20th birthday. Category B (uder probatio for two years) The drivig licese is o probatio for two years (Drivig licese o probatio is established as law sice 1 / 1 /92). I case of serious offeses (like hit-ad-ru offeces, drivig i wrog directio, overtakig i dagerous situatios or overtakig if prohibited, speedig of 20 km/h more i tow-areas or 40km/h more o coutry roads, etc.) durig the 2-yearprobatio time the ovice driver has to atted a additioal psychological course for cospicuous drivers (driver has to pay the costs of the course). The duratio of probatio time will hold over for oe year more. If there is aother serious traffic offese after a third prologatio of probatio time the drivig licese will be suspeded. The limit of BAC is.01 or 0.05 mg/l i breath. Drikig while drivig is ot allowed. For drikig ad drivig the ovice driver must atted a additioal psychological course for druk drivers (driver has to pay the costs of the course). The duratio of probatio time will hold over for oe year more. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 16 What is the miimum purchase age for alcoholic beverages? 16 for beer ad wie; 18 for all Per Capita Cosumptio (i litres of absolute alcohol): 9.8 (1995) mpalred Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 or.25 mg/l i breath What Is the BAC limit for youger drivers, if differet?.01 or.05 mg/l i breath for ovice drivers durig a 2-year probatio period ad for riders of motorcycles ad other vehicles age 20 or less. P-28

92 Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)?.01 or.05 mg/1 i breath for drivers of vehicles over 7.5 tos or buses. How log has the preset BAC limit bee I effect? Sice Jauary 1, 1998 (BAC for ovice drivers sice 1992) Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig Impaired drivig? No Other commets o BAC provisios of the law: Effects of drivig licese o probatio: Sice the limit of.01 was established for probatioary drivers was established i law, the umber of crashes caused by druk drivig of ovice drivers (maily drivers aged 18 ad 19) has decreased about 30.9%. I cosideratio of the geeral reductio by ew drivig liceses there remais a effect of 16.8% less crashes caused by druk drivig. Effects of.05: Number of breath checks for alcohol icreased from 45,783 to 59,551 (30.1%) durig the first six moths of The umber of fies for druk drivig reduced from 23,957 to 19,969 (16.6%). The umber of licese suspesios i case of druk drivig decreased from 14,186 to 11,003 (22.4%). Recessio of fatalities i cases of druk drivig. Jauary - May 97: 42 fatalities, 887 crashes with 1,279 people ijured; Jauary - May 98: 20 fatalities, 722 crashes with 1,006 people ijured. This meas a recessio of crashes caused by druk drivig of 18.6%. Reductio of crashes i geeral: Jauary - May 98, 12,939 crashes with persoal ijury, o that occasios 16,868 people got ijured, 315 people have bee killed. These facts mea a reductio of crashes of 2.6%, of people ijured of 3.3% ad of people killed of 19.8%. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Fies icrease icremetallly accordig to BAC level. Rage of fies is from 3,000 ATS ($ US) for a BAC level of.05 to 80,000 ATS ($6, US) for a BAC of.16 or greater. (See detail)

93 Suspesio of drivers licese: For a BAC level of.08 to.12, the licese is suspeded for at least 4 weeks. The legth of suspesio icreases with higher BAC levels. Ivolvemet i a crash will also icrease the legth of the suspesio. (See detail) Imprisomet: If the driver causes a crash ivolvig ijuries, the court may order imprisomet. The legth of setece depeds upo the seriousess of the ijury. (See detail) Other: Novice drivers (durig their first two years) have to udergo a compulsory additioal course. Commuity service ca be imposed after crashes istead of imprisomet (maily for youger drivers). For a BAC level of.12 to.16, a psychological driver-improvemet course for druk drivers is required. For a BAC level over.16, a additioal drivig test (both medical ad psychological) is coducted. The costs of driver-improvemet must be paid from the driver (betwee 6,600 ad 7,400 ATS [$ to $ US]) What are the sactios for multiple offeses? Fie: For multiple offeses the amout of the fie is icreased. The amout of the icrease depeds o the seriousess of the offese. Suspesio or revocatio of drivers licese: For a BAC of.05 to.08, the licese is suspeded oly after repeated offeses. O the secod offese, the licese is suspeded for 3 weeks; after the third offese i oe year, the suspesio is ot less tha 4 weeks. For repeated offeses ad crashe ivolvemet, the periods may be cosiderably loger, depedig o the case ad the resposible authority. Other: For a BAC level of.12 to.16, a psychological driver-improvemet course for druk drivers is required. For a BAC level over.16, a additioal drivig test (both medical ad psychological) is coducted. The costs of driver-improvemet must be paid from the driver (betwee 6,600 ad 7,400 ATS [$ to $ US]). If the driver refuses a breath-check for alcohol or blood-test, we assume a.16 BAC with all its legal cosequeces: fie, licese suspesio after 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 Details o Sactios: Fie.05 or more - the fie is from 3,000 to 50,000 ATS ($ to $4, US).08 or more - the fie is from 8,000 to 5,000 ATS ($ to $4, US) B-30

94 .12 or more - the fie is from 12,000 to 60,000 ATS ($ to $4,802,95 US).16 or more - the fie is from 16,000 to 80,000 ATS ($1, to $6, US) If the driver refuses a breath-check for alcohol or a blood-test, we assume a.16 BAC with all its legal cosequeces: fie, licese suspesio after 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 Additioal amouts added for multiple offeses: -100,-- to ,- ATS for slight offeces -500,- to ,- ATS for serious offeces If the driver causes a crash with persos ijured, the driver will be ordered by the court ad imprisomet is possible. The legth of setece depeds o the seriousess of ijury: Slight (bodily) ijury - up to three moths imprisomet or 180 daily-rates fie (the daily rate depeds o the offeder's wages). Serious (bodily) ijury - up to six moths imprisomet or 360 daily rates fie. Careless killig - up to oe year imprisomet; there is o possibility for court to decide o a fie istead of imprisomet. It's possible to impose a suspeded setece: the offeder must fulfill some commuity work additioal to the psychological driver improvemet course. Durig the suspeded setece time the offeder must ot cause aother crash, or he/she must serve both the first ad the ew setece. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? For a BAC level of.12 to.16, a psychological driver-improvemet course is required. Novice drivers must atted the psychological course for druk drivers i ay case of drivig uder the ifluece of alcohol (more tha.01 BAC). I the case of serious traffic offeses, they must atted a psychological course for cospicuous drivers. The courses are established i law. If the driver refuses to atted the course he/she will loose the drivig licese. What is the process for regratig drivers liceses that have bee suspeded or revoked? After the suspesio period, the drivig licese has to be regrated o request if all additioal required courses or tests have bee accomplished ad the duratio of suspesio was ot more tha 18 moths, ad o further reasos for suspesio exist. B-31

95 Eforcemet Eforcemet Techique Commets Radom breath testig (or similar Used occasioally. Sice 1988 the Austria traffic police has bee eforcemet techique) supplied with breathalyzers. The results of the testig have the same witess at court as a blood sample. Cocerted actio at certai times i certai regios: depeds o the wated offese for the actio- i case of druk drivig eforcemet, as may cars as possible are stopped ad the.._... _ _... _... _.._... _ _ driver's... _..._..._.._..._... breath alcohol -_ cocetratio... will _..... be -... checked. _ _... Testig oly if suspicio of itoxicatio Used frequetly. Util 1994 the police could carry out breath testig oly i case of reasoable suspicio of itoxicatio. Now they ca carry out breath testig i every case without reasoable excuse. The driver has to udergo the test. Testig oly o arrest or commissio of Used occasioally. a traffic violatio Testig whe driver is ivolved i a Used frequetly. Used always if people get ijured, because the drivers crash will be ordered to court. If cars are little damaged ad it's possible for the drivers to remove the cars from the street, it's ot ecessary to call the police. If the police come to the crash site because the damaged cars impede traffic, they use breath testig occasioally (i case of suspicio). There is o law which demads breath testig. Mostly the police check breath alcohol cotet (AC) I case of suspicio of itoxicatio idepedet from the reaso for stoppig the car (traffic cotrol, traffic violatio, crash, etc.) Most times breath testig is used. If the driver is ijured ad comes to hospital, a blood test is used. Uder what circumstaces is it compulsory for a driver to submit to testig? It is compulsory to submit to the testig whe requested. If the driver refuses testig, the police act as if a BAC of.16 is cofirmed. Notes o the level of eforcemet of Impaired Drivig Laws: There have bee a lot of chages i drivig laws the last years ad the decreased crash rates, umber of persos ijured or killed show the positive effects of these chages. I 1997, there were 94,973 breath checks for alcohol ad 1,118 blood tests; most of the breath tests take radomly. Number of radom tests coducted aually, if kow: Approximately 94,973 B-32

96 Drikig ad Drivig Laws Driver Licesig Laws Belgium What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? No, but there is a system of provisioal licesig durig 3 to 18 moths depedig o the amout of lessos take at a drivig school. Alcohol Purchase ad Cosumptio What Is the miimum drikig age? 15 What is the miimum purchase age for alcoholic beverages? No limit Per Capita Cosumptio (i litres of absolute alcohol): 9.1 (1995) mpalred Drivig Laws What Is the blood alcohol cotet (BAC) limit?.05 or.22 mg /liter of breath What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee i effect? Sice December 1, 1994 Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No B-33

97 Sactios - A? * -- r,q. -t*. " L I L What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: For.05 to.08 BAC (.22 to.35 mg/l) a miimum of 5,000 BEF ($ US); for greater tha.08 BAC (.35mg/l) a miimum of 400,000 BEF ($10, US). Suspesio of drivers licese: Immediate withdrawal of the licese is possible; forfeiture with ticket of pealty. Imprisomet: Possible setece of 15 days to 6 moths. Other: Commuity service is possible. What are the sactios for multiple offeses? Fie: For secod offese withi 3 years, 80,000 to 1,000,000 BEF ($2, to $27, US)(fie is doubled for subsequet offese withi 3 years) Suspesio or revocatio of drivers licese: Immediate withdrawal of licese for 15 days plus possible additioal 15 days after judicial decisio. Forfeiture for 8 days to 5 years for repeat offese withi 3 years. Imprisomet: 1 moth to 2 years (pealty is doubled for third offese withi three years). Are rehabilitatio programs offered to impaired drivig offeders? Are they required? Rehabilitatio programs may be required at the judge's discretio. What is the process for regratig drivers liceses that have bee suspeded or revoked? The driver's licese is restored whe the forfeiture eds if the driver passes the examiatio which may be imposed by the judge. Eforcemet Techique Radom breath testig (or similar eforcemet / Commets Used frequetly. I violatio I I whe driver is ivolved i a crash I take if the result of the breath test is a miimum 0.22 mgll, / or whe the breath aalysis ca ot be executed or whe the I 1 driver is apparetly i a itoxicated state (due to either 1 alcohol or drugs). ttt.t.t...t Used frequetly. Breath testig ad blood testig i the I circumstaces metioed i the previous aswer. I 1 1 I J 1

98 Uder what circumstaces is it compulsory for a driver to submit to testig? The police may require a breath test of ay perso who is presumed to have caused a traffic crash, eve if that perso is a victim; ay perso drivig a commercial vehicle or accompayig a appretice driver; or ay persos prepared to drive a vehicle or machie i a public place. Notes o the level of eforcemet of Impaired Drivig Laws: Eforcemet is high. Number of radom tests coducted aually, if kow: 234,964 for the police oly 8-35

99 Drikig ad Drivig Laws Driver Licesig Laws Caada What Is the miimum licesig age for drivers of private automobiles? Set by provicial law. Is there a system of graduated licesig for ew drivers? All but two provices, the Northwest Territories ad the Yuko, have graduated licesig programs. Details of programs are set by provicial law. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 19 i Alberta & Quebec, 18 i all others What is the miimum purchase age for alcoholic beverages? Set by provicial law Per Capita Cosumptio (i litres of absolute alcohol): 6.2 mpalred Drivig Laws What Is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, If differet? See details by Provice. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? See details by Provice. How log has the preset BAC limit bee I effect? See details by Provice Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig Impaired drivig? Yes B-36

100 Sactios See details by Provice. Rehabilitatio ad Regratig of Liceses See details by Provice. Eforcemet Radom stoppig of vehicles by police is allowed i Caada, but to request a breath or blood sample the officer must have "probable grouds" that the driver had bee usig alcohol. The use of radom stops varies across the coutry, but the Crimial Code of Caada rules with respect to probable grouds are uiform. Quite ofte a police service will have a certai amout of resources assiged to radom stops, but additioal oes ca be deployed if outside fudig ca be foud from the govermet or sposored by private groups. Frequecy of use of sobriety checkpoits ad radom stops varies by provice/territory. Some jurisdictios deploy them year roud while others oly seem to use them durig the Christmas holiday period. Much of the eforcemet doe is based o secodary eforcemet as the result of a icidet such as a collisio, or from stadard patrols observig erratic drivig. Uder what circumstaces It Is compulsory for a driver to submit to testig? There eeds to be a reasoable suspicio that alcohol is preset before a request for breath or blood ca be made. Eve i the breath checkpoits, requests for a sample must be based o a suspicio of alcohol. This is cosistet across the coutry, as the legislatio that covers drikig ad drivig is the Crimial Code of Caada ad is applicable across the coutry. Drivers ivolved i crashes are ot routiely tested. Depedig o the class (fatal, ijury, or property damage) of collisio, the officer may ot see the driver soo after the collisio. I the case of ijured drivers, there are a umber of problems. I the case of a ijured driver who ca ot provide a breath sample, the officer may request a blood sample. There is a process of obtaiig a tele-warrat to subpoea blood from ucoscious drivers. The actual practice is ot simple or straightforward as it raises other issues related to the chai of evidece, the patiet's health ad patiet cofidetiality. I additio, some health care professioals have cocers, real ad perceived, about their legal liability ad whether it is their job to do alcohol eforcemet with their patiets. However, testig o fatally ijured drivers teds to be high ad fairly cosistet across the coutry. B-37

101 * * Drikig ad Drivig Laws by State or Provice Alberta Driver Licesig Laws What Is the miimum licesig age for drivers of private automobiles? 16 Is there a system of graduated licesig for ew drivers? Yes. The learer's permit has o miimum legth: Durig this period, the cadidate must be accompaied by a fully licesed driver. After passig a road test, the cadidate receives a probatioary licese which lasts for 24 moths. This becomes a full licese if there are o covictios, demerit poits, or "at fault" collisios withi the 24 moths probatioary period. Alcohol Purchase ad Cosumptio What Is the miimum drikig age? 19 mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Suspesio of drivers licese: For a BAC greater tha.05, a 24-hour roadside suspesio may be give alog with a warig. For Crimial Code offeses, 1 year suspesio for the first offese.

102 What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: For the secod Crimial Code offese, 3 year suspesio of licese; for the third offese, 5 year suspesio. These may be reduced accordig to circumstaces ad with the istallatio of a igitio iterlock device. Other: Term of licese suspesio may be shorteed with the istallatio of a igitio iterlock device costig $125 ($82.79 US) for istallatio, ad $95 ($62.92 US) per moth for service. Admiistrative sactios are uder review. Vehicle may be impouded for 30 days for drivig with a suspeded licese. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? First offeders must take a alcohol iformatio course (fee $90 [$59.60 US]). Secod ad third offeders must udergo a more itesive alcohol awareess educatio course (fee $190 [$ US]). What is the process for regratig drivers liceses that have bee suspeded or revoked? Alcohol educatio course plus reistatemet fee of $140 ($92.72 US).

103 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws British Columbia What is the miimum licesig age for drivers of private automobiles? 16 Is there a system of graduated licesig for ew drivers? Yes. Must be i Learer's Stage for 6 moths (or 3 moths with course) ad be accompaied by a fully licesed driver. A "LEARNER" sig must be displayed. A maximum of two passegers are allowed, oe of which must be a fully licesed driver. Drivig permitted from 5 am to midight oly. The learer must pass a level 1 road test to pass to the ext stage. The Itermediate Stage lasts for 18 moths. A 'NOVICE" sig must be displayed o the vehicle. The ovice must pass a advaced road test to become fully licesed. BAC limit for both stages is.00. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 Impaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, if differet?.00 for learer or ovice drivers. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. Other commets o BAC provisios of the law: Lower BAC limits for youger ad ew drivers are uder review as part of the graduated licesio program. B-40

104 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Suspesio of drivers licese: A 24-hour roadside suspesio may be give for a BAC greater tha.05. Admiistrative suspesio of licese for 90 days may be imposed for a BAC over.08. For Crimial Code offeses, licese is suspeded for 1 year for the first offese. What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: For secod Crimial Code offese withi 10 years, a 3 year suspesio of licese. Third time offeders may receive a idefiite suspesio of licese. Other: Vehicle impoudmet for 30 days for drivig with a suspeded licese; 60 days for multiple offeders. Use of igitio iterlock devices is also uder review. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? Not kow. What is the process for regratig drivers liceses that have bee suspeded or revoked? Reistatemet fee of $100 ($66.23 US). B-41

105 * * Drikig ad Drivig Laws by State or Provice Maitoba Driver Licesig Laws What Is the miimum licesig age for drivers of private automobiles? 16 Is there a system of graduated licesig for ew drivers? Yes. Cadidate may obtai a learer's permit at age 1516 if erolled i a high school driver educatio course. Learer's permit must be held for 2 weeks miimum. Probatioary licese is ot restricted. However, a maximum suspesio of 1 year may be imposed if covicted of a movig violatio. The probatioary period will be exteded for oe year after the suspesio expires. Cadidate is fully licesed after 12 moths probatioary period with o covictios or at fault crashes. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, if differet? No differece, but uder review. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. Other commets o BAC provisios of the law: Provisio uder review to have lower BAC limits for youger drivers. B-42

106 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Suspesio of drivers licese: A 6-hour roadside suspesio ca be issued for BAC greater tha.05. A admiistrative suspesio of 3 moths may be imposed for a BAC greater tha.08 or for refusal to allow a test. For Crimial Code offeses, 1 year suspesio for first offese (this ca be reduced.) What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: For secod Crimial Code violatio withi 5 years, 1 year suspesio (this may be reduced.) For the third violatio, a suspesio of 3 years (this ca be reduced.) Other: Assessmet ad treatmet. Uder review: exteded the roadside suspesio to 12 hours for a BAC over.05. Vehicle impoudmet for 30 days for drivig with a suspeded licese; 60 days for multiple offeders. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? For all Crimial Code covictios, offeder must udergo assessmet ad treatmet (fee $270 [$ US]). What is the process for regratig drivers liceses that have bee suspeded or revoked? Driver must udergo assessmet ad treatmet (fee $270 [$ US]) ad pay a reistatemet fee of $40 ($26.44 US).

107 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws New Bruswick What is the miimum licesig age for drivers of private automobiles? 18 (16, istructioal permit with paretal coset) Is there a system of graduated licesig for ew drivers? Yes. A graduated licesig program became effective Jauary 1, I Stage 1, the cadidate must be accompaied by a fully licesed driver ad o other passegers. After 12 moths (or 4 moths with approved course) the cadidate may take a govermet road test to proceed to Stage 2. To exit Stage 2, it must be at least 24 moths sice the issue of the Stage 1 licese, ad the cadidate must have bee i Stage 2 for a miimum of 12 moths. The BAC limit for both stages is.00. Details of graduated licesig program: Stage 1: Duratio of 4 moths with approved course, 12 moths without approved course. Requiremets are A BAC limit of.00; Accompaimet by a fully licesed co-driver with o other passegers; Must pass a govermet road test to pass to Stage 2 No drivig offeses uder Crimial Code or be suspeded for loss of poits. Stage 2: Must be 24 moths sice issued Stage 1 licese Must be i Stage 2 for a miimum of 12 moths A BAC limit of.00 No drivig offeses uder Crimial Code or be suspeded for loss of poits B-44

108 Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, if differet? For ew drivers, the BAC limit is.00 for a miimum of 27 moths. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Fies for a offese uder the graduated licese (.00 to.08) rage from a miimum of $84 the to a maximum of $1,200 ($55.63 to $ US). For Crimial Code offeses of impaired or refusal, the miimum fie is $300 ($ US). Suspesio of drivers licese: Six moths suspesio for BAC over.08 o a first offese. New drivers caught with a BAC 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 moths court prohibitio is cocurret with a 6 moths Motor Vehicle Act suspesio. Imprisomet: Not usual o first offese. What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: For BAC over.08, 1 year suspesio for subsequet offeses. For Crimial Code offeses of impaired or refusal, from 6 moths to 1 year. Imprisomet: For Crimial Code offeses of impaired or refusal, 14 days for secod offese; 90 days for third. Other: Assessmet ad treatmet. Note: Roadside suspesios ca be eacted at all levels betwee.05 ad.08 ad are for a period of 24 hours. B-45

109 Details o Sactios: For BAC over.08: 6 moths suspesio for first offese; 1 year suspesio for ay subsequet offeses. For Crimial Code offeses of impaired or refusal: For first offese, a 3 moths court prohibitio cocurret with a 6 moth Motor Vehicle Act suspesio ad miimum fie of $300 ($ US). For secod offese, a 6 moth Crimial Code prohibitio with cocurret 1 year Motor Vehicle Act suspesio ad jail term of 14 days. For third offese, a 1 year Crimial Code prohibitio with cocurret 1 year Motor Vehicle Act suspesio ad jail term of 90 days. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? First offeders must take a DWI educatio course. Secod ad third offeders must take a more itesive DWI course. What is the process for regratig drivers liceses that have bee suspeded or revoked? Drivers must atted a DWI educatio course ad pay a reistatemet fee of $200 ($ US) for first offeders, ad $412 ($ US) for secod ad third offeders.

110 * * Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Newfoudlad What is the miimum licesig age for drivers of private automobiles? 17 (16 for learer's stage) Is there a system of graduated licesig for ew drivers? Yes, effective Jauary The Learer's Stage exteds for 12 moths, but may be reduced to 8 moths if driver educatio programs are completed. Learer must be accompaied by a fully licesed driver with a miimum 4 years experiece. No passegers are permitted ad o drivig betwee midight ad 5 am. After successful completio of the road test, cadidate must remai i the Newly Licesed Driver Stage for 12 moths ad have o suspesios. Restrictios i this stage iclude o drivig betwee midight ad 5 am uless accompaied by a fully licesed driver. Details of graduated licesig program: Learer's Stage 16 years of age 12 moths duratio, may be reduced to 8 moths if driver educatio program completed.00 BAC Must be accompaied by fully licesed driver with miimum 4 years experiece No passegers No drivig midight to 5 am 6 demerit poits. Program must be begu agai. No suspesio Must pass road test to proceed to ext stage Newly Licesed Driver Stage 12 moths.00 BAC

111 Drivig betwee midight ad 5 am must be accompaied by fully licesed driver with miimum 4 years experiece Caot apply for commercial class licese 6 demerit poits. Program must be begu agai. No suspesios Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 mpalred Drivig Laws What is the blood alcohol cotet (BAC) limit?.08, although Newfoudlad has.05 regulatios that susped drivig priviledges at lower levels of alcohol tha the Federal laws. What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Suspesio of drivers licese: For Crimial Code offeses, 1 year for first offese. A 24-hour roadside suspesio is possible for a BAC greater tha.05. What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: For Crimial Code offeses, 1 year suspesio for the first offese; 2 year suspesio for secod offese i 5 years; 3 year suspesio for third offese i 5 years. Admiistrative suspesios for multiple roadside suspesios withi 2 years: Third : 2 moth suspesio ad DWI educatio; Fourth: 4 moth suspesio ad DWI educatio. Five or more: 6 moth suspesio ad assessmet ad treatmet. Other: Assessmet ad treatmet. Licese plates ca be ivalidated for drivig with a suspeded licese. B-48

112 Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? For multiple 24-hour roadside suspesios, driver may be required to complete DWI educatio. If suspeded five or more times withi 2 years, driver is required to udergo assessmet ad treatmet. For Crimial Code covictios, a DWI course is required o the first offese (fee $100 [$66.23 US]); assessmet ad treatmet is required for the secod ad third offeses. What is the process for regratig drivers liceses that have bee suspeded or revoked? Drivers must atted a DWI educatio course, or udergo assessmet ad treatmet, depedig o the circumstaces, ad pay a reistatemet fee of $100 ($66.23 US). B-49

113 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Northwest Territories What is the miimum licesig age for drivers of private automobiles? 16 Is there a system of graduated licesig for ew drivers? Graduated licesig program ot presetly i place but is beig cosidered. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 mpalred Drivig Laws What is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. Other commets o BAC provisios of the law: Lower BAC limits for youger drivers uder review. Sactios What are the sactios for first offese for drivig uder the Ifluece of alcohol? Suspesio of drivers licese: A roadside suspesio of 4 to 24 hours is possible with the presece of alcohol. The BAC level is ot specified. For first offese uder the Crimial Code, licese is suspeded for 3 moths. B-50

114 * * What are the sactios for multiple offeses? Suspesio or revocatio of driver's licese: For the secod Crimial Code offese withi 5 years, the licese is suspeded for 6 moths; for the third offese, it is suspeded for 1 year. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? Not required. What is the process for regratig drivers liceses that have bee suspeded or revoked? Not available. B-51

115 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Nova Scotia What Is the miimum licesig age for drivers of private automobiles? 16 Is there a system of graduated licesig for ew drivers? The Learer's Stage is for 3 moths with a approved course or 6 moths without a approved course. Learer must be accompaied by a fully licesed driver ad o other passegers. Must pass a govermet road test to proceed to the Newly Licesed Stage. I this stage, the ewly licesed driver may ot drive betwee midight ad 5 am uless accompaied by a fully licesed driver. The umber of passegers is limited to the umber of available seatbelts. To exit this stage, the cadidate must have bee i the Newly Licesed stage for 24 moths ad must atted a 6 hour defesive drivig course. BAC limit of.00 for cadidate ad for co-driver. Details of graduated licesig program: Learer's Stage 3 moths with approved course 6 moths without approved course.00 BAC limit Oly fully licesed driver with.00 BAC limit ad o other passegers Must pass govermet test to proceed to ext stage Newly Licesed Stage 24 moths i this stage.00 BAC Number of passegers limited to umber of available seatbelts No drivig betwee midight ad 5 am uless accompaied by fully licesed: driver (employmet exceptios possible) Must atted 6 hour defesive drivig course. B-52

116 Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, if differet? For ew drivers, the BAC limit is.00 for a miimum of 27 moths. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Suspesio of drivers licese: For Crimial Code offeses, 1 year suspesio for first offese. What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: For Crimial Code offeses, for secod offese withi 5 years, a 2 year suspesio of licese; for third offese, a 5 year suspesio (this may be reduced.) Other: Assessmet ad treatmet. Licese plate ivalidated for drivig with a suspeded licese. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? O the first covictio, a DWI educatio course is required (fee $120 [$79.48 US]). O the secod ad third covictios, the offeder must udergo assessmet ad treatmet (fee $300 [$ US]). What is the process for regratig drivers liceses that have bee suspeded or revoked? DWI educatio course or assessmet ad treatmet, depedig o the circumstaces, plus a reistatemet fee of $100 ($66.23 US). B-53

117 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Otario What is the miimum licesig age for drivers of private automobiles? 16 Is there a system of graduated licesig for ew drivers? Stage G1 lasts for 8 moths with approved traiig ad for 12 moths without traiig. Co-driver must be fully licesed for a miimum of 4 years ad has a.05 BAC limit. G1 driver may do o freeway drivig uless accompaied by a istructor. Oly oe passeger i frot, ad the umber of rear-seat passegers caot exceed the umber of available seatbelts. G1 drivers may ot drive betwee midight ad 5 am. Cadidates must pass the G1 test to pass to the G2 Stage. I this stage,'the driver may operate passeger cars oly ad all passegers must wear seat belts. After 24 moths i G2, the driver must pass a vigorous G2 test to become fully licesed. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.08 What is the BAC limit for youger drivers, if differet? All ew drivers are subject to a BAC limit of.00 for 20 moths. Pealty is a 30 day suspesio ad $90 fie. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. B-54

118 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Fies may rage from $300 to $2,000 ($ to $1, US) provided the offese did ot cause bodily harm or ijury. For ew drivers with a BAC over.00, usually a $90 ($59.61 US) fie. Suspesio of drivers licese: 12-hour roadside suspesio is possible for a BAC over.05. Admiistrative suspesio of licese of 90 days possible for BAC over.08 or refusal to be tested. For Crimial Code offeses, 1 year suspesio of licese. For ew drivers with BAC over.00, pealty is a 30 day suspesio ad $90 ($59.61 US) fie. Imprisomet: Not usual o first offese. What are the sactios for multiple offeses? Fie: Fies may rage from $300 to $2,000 ($ to $1, US) provided the offese did ot cause bodily harm or ijury. Suspesio or revocatio of drivers licese: For a secod Crimial Code offese withi 10 years (uder the ew legislatio), licese is suspeded for 3 years. For a third covictio, offeders are subject to a lifetime suspesio that may be reduced to 10 years upo successful completio of remedial traiig ad istallatio of a vehicle iterlock device. For fourth covictio, offeder will be suspeded for life with o possibility of reistatemet. Imprisomet: Driver covicted of a secod offese may be seteced to a miimum of 14 days. Jail term for third offese is a miimum of 90 days. Other: Remedial traiig ad use of vehicle iterlock device. O September 30,1998, Otario itroduced ew measures aimed at drivers who commit Crimial Code offeses. Upo covictio, offeders will be subject to madatory remedial measures programs; loger suspesio periods, icludig life suspesios, ad a loger search period for previous Crimial Code covictios. The search period will gradually be exteded to a miimum of 10 years, icreased from 5 years. O November 29, 2996, the Miistry of Trasportatio itroduced the Admiistrative Driver's Licese Suspesio (ADLS) program to help reduce impaired drivig i the provice. A motorist who blows over the legal limit of.08 or 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. B-55

119 Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? First offeders must take a DWI educatio course. Secod ad third offeders must udergo assessmet ad treatmet. What Is the process for regratig drivers liceses that have bee suspeded or revoked? DWI educatio course or assessmet ad treatmet, depedig o the circumstaces, plus a reistatemet fee of $100 ($66.23). B-56

120 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Price Edward Islad What Is the miimum licesig age for drivers of private automobiles? 16 Is there a system of graduated licesig for ew drivers? Cadidate may apply for a learer's permit at age 1516 if erolled i a ovice driver course. The Learer's Stage is for 12 moths. The driver must be accompaied by a fully licesed co-driver ad must complete a ovice driver or driver's educatio course 90 days prior to the road test. The Newly Licesed State exteds for 24 moths. Cadidates must be free of drivig covictios. BAC limit of.00 i both stages. Details of graduated licesig program: Learer's Stage 12 moths Ca apply for learer's permit at age 151h if erolled i a ovice driver course Co-pilot program available for parets (ot madatory) Must be accompaied by fully licesed driver 90 days prior to road test.00 BAC Newly Licesed Driver Stage 24 moths Fewer demerit poits for licese suspesio tha for fully licesed drivers.00 BAC Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 B-57

121 mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, if differet? For drivers uder age 19, BAC limit is.01. Learer or ovice driver have a BAC limit of.00. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Fies are ot established by law, but are at the judge's discretio. For drivers uder 19 with BAC greater tha.01, fie of $500 ($ US). Suspesio of drivers licese: A 24-hour roadside suspesio may be imposed for a BAC over.05. Effective May 1997, a 90 day admiistrative suspesio may be imposed. For 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. What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: For drivers uder 19 with a BAC greater tha.01, a 6 moth suspesio. For Crimial Code offeses, for secod offese withi 5 years, a 2 year licese suspesio; for the third offese withi 5 years a suspesio of 3 years (this ca be reduced.) Other: Assessmet ad treatmet. Vehicle impoudmet for drivig with a suspeded licese.,rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? O the first covictio, a DWI educatio course is required. O the secod ad third covictios, the offeder must udergo assessmet ad treatmet. What is the process for regratig drivers liceses that have bee suspeded or revoked? DWI educatio course or assessmet ad treatmet, depedig o the circumstaces, plus a reistatemet fee of $200 ($ US). B-58

122 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Quebec What is the miimum licesig age for drivers of private automobiles? 16 Is there a system of graduated licesig for ew drivers? Learer's Stage lasts for 8 to 12 moths ad driver must be accompaied by a fully licesed driver. I the Probatioary Stage, driver has a.00 BAC limit ad the licese may be suspeded after 4 demerit poits (15 for fully licesed drivers). Cadidate ca become fully licesed after 24 moths i the probatioary stage or at age 25 (providig there are less tha 4 demerit poits.) Alcohol Purchase ad Cosumptio What is the miimum drikig age? 19 mpalred Drivig Laws What Is the blood alcohol cotet (BAC) limit?.08 What is the BAC limit for youger drivers, if differet? For ew drivers,.00 BAC for the first 24 moths. Pealty is a o the spot suspesio of 15 days ad 3 moth suspesio upo covictio. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece.

123 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Suspesio of drivers licese: Admiistrative suspesio of 2 weeks for first offese with BAC greater tha.08. For Crimial Code offeses, licese suspesio of 1 year for first offese (may be reduced.) For ew drivers with BAC greater tha.00, pealty is a o the spot suspesio of 15 days ad 3 moth suspesio upo covictio. What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: Admiistrative suspesio of 1 moth for BAC greater tha.08 o 2d offese. For Crimial Code offeses, licese suspesio of 2 years for secod offese withi 5 years; 3 years for third offese. Other: Assessmet ad treatmet. Effective December 1, 1997, vehicle impoudmet for 30 days for drivig with a suspeded licese. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? First offeders must take a DWI educatio course. Secod ad third offeders must udergo assessmet ad treatmet. What is the process for regratig drivers liceses that have bee suspeded or revoked? DWI educatio course or assessmet ad treatmet, depedig o the circumstaces, plus a reistatemet fee of $300 ($ US). V-60

124 * * Drikig ad Drivig Laws by State or Provice 'Driver Licesig Laws Saskatchewa What is the miimum licesig age for drivers of private automobiles? 16 (15 for learer's if erolled i course) Is there a system of graduated licesig for ew drivers? Cadidate must have a learer's permit for a miimum of 6 moths. Learer's permit ca be obtaied at age 15 if erolled i a high school driver educatio course. The probatioary licese period lasts for 24 moths but may be exteded 12 moths if the cadidate has accumulated demerit poits ad is required to atted a driver iterview. BAC limit of.04. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 Impaired Drivig Laws What Is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, If differet? BAC limit of.04. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Suspesio of drivers licese: 24-hour roadside suspesio is possible for BAC greater tha.04. For Crimial Code offeses, a 1 year licese suspesio for the first offese (may be reduced).

125 What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: 90 day admiistrative suspesio for third offese plus assessmet ad treatmet. For secod Crimial Code offese withi 5 years, a 3 year suspesio of licese (may be reduced); a 5 year suspesio for the third offese (may be reduced.) Other: 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. Vehicle impoudmet for 30 days for drivig with a suspeded licese; 60 days for multiple offeders. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? For all Crimial Code covictios, offeder must udergo assessmet ad treatmet ad pay a DWI educatio course fee of $150 ($99.34 US). What is the process for regratig drivers liceses that have bee suspeded or revoked? Not available.

126 Drikig ad Drivig Laws by State or Provice Driver Licesig Laws Yuko What Is the miimum licesig age for drivers of private automobiles? 16 Is there a system of graduated licesig for ew drivers? Graduated licesig program ot presetly i place but is beig cosidered. Alcohol Purchase ad Cosumptio What Is the miimum drikig age? 18 mpaired Drivig Laws What Is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Suspesio of drivers licese: A 24-hour roadside suspesio is possible for BAC greater tha.08. Admiistrative suspesio of licese is also possible. For Crimial Code offeses, first offeders receive a 1 year suspesio of licese.

127 What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: For seod Crimial Code offese withi 5 years, a 3 year suspesio of licese. Third time offeders receive a lifetime suspesio of licese. Uder review: vehicle impoudmet for drivig with a suspeded licese; 30 days for first offese, 60 days for 2d offese, cofiscatio for 3rd offese. =Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? First offeders must atted a educatio course (fee $35 [$23.18 US]). With secod covictio, the offeder receives a idefiite suspesio ad must reapply for the licese. What is the process for regratig drivers liceses that have bee suspeded or revoked? First offeders must atted a educatio course. With secod covictio, the offeder receives a idefiite suspesio ad must apply to the Driver Cotrol Board (DCB) for reistatemet. With the third covictio, the offeder must atted a 35 hour educatio course ad apply to the DCB for reistatemet.

128 Drikig ad Drivig Laws Driver Licesig Laws Demark What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? No graduated licesig. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 What is the miimum purchase age for alcoholic beverages? 18 Per Capita Cosumptio (i litres of absolute alcohol): 10.0 (1995) Impaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee i effect? Sice March 1, Demark plas to evaluate the ew legal limit ext year. Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No B-ss

129 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: For a BAC level betwee.05 ad.08, fies are imposed. Actual praxis DKK 4,000 ($ US). Fies are imposed for higher BAC levels i combiatio with licese suspesio. The amout of the fie depeds o the character of the ifrigemet. Suspesio of drivers licese: For a BAC level betwee.08 ad.12, coditioal disqualificatio of driver's licese. For a BAC level over.12, ucoditioal disqualificatio of driver's licese for a period of at least 1 year. For a BAC level over.20, ucoditioal disqualificatio of driver's licese for a period ot less tha 21 years. Imprisomet: For BAC level over.20, detetio or imprisomet for ot less tha 14 days. What are the sactios for multiple offeses? Fie: Secod offese, without aggravatig circumstaces: for a BAC level betwee.08 ad.15, fie of DKK 500 ($74.12 US)with coditioal disqualificatio of licese. Suspesio or revocatio of drivers licese: Secod offese, without aggravatig circumstaces: for a BAC level betwee.08 ad.15, coditioal disqualificatio of driver's licese i additio to fie. For a BAC level betwee.15 ad.20, ucoditioal disqualificatio of driver's licese for a period of 5 years ad detetio or imprisomet of 14 days. For a BAC level over.20, ucoditioal disqualificatio of driver's licese for a perios of 5 years ad detetio or imprisomet of ot less tha 20 days. Imprisomet: Secod offese, without aggravatig circumstaces: for a BAC level betwee.15 ad.20 ucoditioal disqualificatio of driver's licese for a period of 5 years ad detetio or imprisomet of 14 days. For a BAC level over.20, ucoditioal disqualificatio of driver's licese for a period of 5 years ad detetio or imprisomet of ot less tha 20 days. Fies, detetio ad imprisomet, ad the period of disqualificatio of driver's licese may be icreased if there are aggravatig circumstaces such as the driver has bee disqualified earlier from drivig, or has, through gross disregard of road safety, caused persoal ijury or damage to property or exposed persos or property to such ijury or damages. s-ss

130 Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? Offered but ot required. What is the process for regratig drivers liceses that have bee suspeded or revoked? The perso must pass a drivig test, both a theoretical ad a practical test. I some cases, it is possible for the driver to get the licese back after half of the period, if he/she has followed a special treatmet, but he/she still has to pass the test. Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash Commets Used occasioally. Used frequetly. Breath test at the roadside, followed by a blood test at the police statio i case the breath test idicates a illegal blood alcohol cocetratio. Used occasioally. Breath test at the roadside, followed by a blood test at the police statio i case the breath test idicates a illegal blood alcohol cocetratio. Used frequetly. Breath test at the roadside, followed by a blood test at the police statio i case the breath test idicates a illegal blood alcohol cocetratio. Uder what circumstaces is it compulsory for a driver to submit to testig? Always whe the police require a test. Notes o the level of eforcemet of Impaired Drivig Laws: Could be more efficiet. I December, there is a high degree of eforcemet (due to Christmas parties). Number of radom tests coducted aually, if kow: Not kow

131 Drikig ad Drivig Laws Driver Licesig Laws Filad What Is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? No. Fiish licesig ad relicesig practice, icludig systemative evaluatio of a alcohol or drug problem ad rehabiliatio whe eeded, is i preparatio. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 What Is the miimum purchase age for alcoholic beverages? 18 Per Capita Cosumptio (i litres of absolute alcohol): 6.6 (1995) mpalred Drivig Laws What Is the blood alcohol cotet (BAC) limit? There are two limits:.05 or.25 mg/1 for breath;.12 or.6 mg/1 for breath for severe druke drivig. What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee I effect? Sice 1994 Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No B-68

132 Other commets o BAC provisios of the law:.12 or.6 mg/l BAC limit for severe druke drivig. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: The amout of fie is tied to the BAC level ad also to icome level. The miimum fie for a BAC of.05 to.075 is days. Fies icrease with the BAC level ad are also combied with licese suspesio ad possible imprisomet. Suspesio of drivers licese: Suspesio of licese o first offese for a BAC level of.10 or greater. The legth of the suspesio is tied to BAC level. Imprisomet: 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. Other: Commuity service is a possible sactio. What are the sactios for multiple offeses? Sactios are ot affected by multiple offeses uless there are several withi a short time. Details o Sactios: Not i law, but i praxis about the followig: For a BAC of.05 to.075: day fie (depeds o icome, day fie=1/90 mothly salary). For a BAC of.075 to.10: day fie. For a BAC of.10 to.119: day fie plus 5 moth suspesio of driver's licese. For a BAC of.12 to.149: day fie or days imprisomet; 6-7 moth suspesio of driver's licese. For a BAC of.15 to.20: day fies but imprisomet ususally-a coditioal setece accordig to cosideratio. For a BAC of.201 to.25: days imprisomet, a coditioal setece accordig to cosideratio. Fies always give if the setece is coditioal, plus moth suspesio of driver's licese. Over a BAC of.251: 80 days or more imprisomet, a coditioal setece accordig to cosideratio. If the setece is coditioal, the fies are more severe, plus a miimum of 12 moth suspesio of driver's licese. B-69

133 Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? Not available. What Is the process for regratig drivers liceses that have bee suspeded or revoked? Fiish licesig ad relicesig practice, icludig systemative evaluatio of a alcohol or drug problem ad rehabiliatio whe eeded, is i preparatio. Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash Commets Used frequetly. Used frequetly. Madatory. _ Uder what circumstaces Is it compulsory for a driver to submit to testig? Testig is always compulsory if policeofficer suspects alcohol. Notes o the level of eforcemet of Impaired Drivig Laws: It is at a good level, oly suspesio times for drivig licese are short. Number of radom tests coducted aually, If kow: 1.5 to 2.0 millio B-70

134 Drikig ad Drivig Laws Driver Licesig Laws Frace What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? At age 16, the driver ca begi traiig with a adult ("coduite accompagee"). The first year of the drivig licese, the driver is cosidered a ovice driver. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 16 What is the miimum purchase age for alcoholic beverages? 16 Per Capita Cosumptio (i litres of absolute alcohol): 11.5 (1995) mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 for a simple offese;.08 is a peal offese What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee i effect? Sice September, 1995 Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig Impaired drivig? No B-71

135 Other commets o BAC provisios of the law: There are two offeses i Frace:.08 i the blood (.05 for simple offese) ad.04 i the breath (.25 for simple offese). Either oe or the other ca be used. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: For a BAC level betwee.05 ad.08 g/l, a fie of FF 900 ($ US) (FF 600 [$ US] if paid withi the week) combied with 3 poits o the driver's licese. Suspesio of drivers licese: For a BAC greater tha.08, admiistrative rates for the legth of suspesio are graduated depedig o the BAC level. The courts may impose a legth of suspesio ragig from the lower level of the admiistrative rate up to revocatio depedig o the circumstaces (crash, ijuries, fatalitites). Imprisomet: For a BAC greater tha.08, 8 days to 1 year depedig o the circumstaces. Other: Commuity service may be a alterative to a fie or jail, proposed by the judge. A fie per day, for example a fie of FF 500/day ($83.96 US), could be paid i lieu of jail time. What are the sactios for multiple offeses? Fie: The same graduated scale, but higher i the case of recidivism. Suspesio or revocatio of drivers licese: Automatic suspesio of licese for a period of 1 to 3 years before beig allowed to apply for a ew licese. Imprisomet: Follows the same scale as for first offese, but there may be a loger setece if recidivism. Other: Madatory medical treatmet. Details o Sactios: Admiistrative rates for licese suspesio: For a BAC of.08 to.10: 1 to 2 moths For a BAC of.101 to.15: 2 to 3 moths For a BAC of.151 to.20: 3 to 5 moths For a BAC of.201 to.25:5 to 7 moths For a BAC of.251 to.30: 9 to 12 moths B-72

136 Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? Not required, but ofte decided by the judge. It is ot a rehabilitatio program, but a medical commissio resposible for regratig of drivig licese. Medical assessmets are made for drivers ivolved i alcohol related crashes or positive BAC over.08. What Is the process for regratig drivers liceses that have bee suspeded or revoked? Evaluatio by the medical commissio is made i the case of alcohol-related suspesio of driver's licese or revocatio of the drivig licese. Regratig of licese has the followig steps: 1. Medical examiatio by a medical commissio before regratig. 2. Probatioary period of oe year, followed by a further examiatio by the medical commissio. 3. Aother probatioary period if ecessary (decided by the medical commissio). Eforcemet Eforcemet Techique Commets Radom breath testig (or similar eforcemet Used frequetly. Of 6,677,808 radom tests at check techique) poits i 1997, 88,587 were positive. Testig oly if suspicio of itoxicatio Used frequetly. Testig oly o arrest or commissio of a traffic Used frequetly.of 1,522,785 tests coducted i 1997 violatio....._... _._... _..._..^..._. - as a result of traffic violatio, 95,115 were positive. Testig whe driver is Ivolved i a crash Madatory. Breath testig Is madatory for crashes that require a police report Both blood or breath tests are permitted. Breath Is take If the driver Is able to blow; blood If ijured or uable to blow. Of 791,155 tests coducted as a result of crashes, 16,121 were positive. Uder what circumstaces Is It compulsory for a driver to submit to testig? Testig is compulsory whe the driver is ivolved i a crash requirig a police report. Notes o the level of eforcemet of Impaired Drivig Laws: Eforcemet is high: Of 6,677,808 radom tests at checkpoits i 1997, 88,587 were positive. Of 1,522,785 tests coducted i 1997 as a result of a traffic violatio, 95,115 were positive. Of 791,155 tests coducted as a result of crashes, 16,121 were positive. Number of radom tests coducted aually, if kow: 6,677,808 i 1997 B-73

137 Drikig ad Drivig Laws Driver Licesig Laws Germay What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? No graduated licesig. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 16 What is the miimum purchase age for alcoholic beverages? 16,18 Per Capita Cosumptio (i litres of absolute alcohol): 9.9 (1995) mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.05,.11 for crimial offese What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee i effect?.08 sice 1973;.05 ad.11 for crimial offese sice April Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No

138 Other commets o BAC provisios of the law: A perso with a BAC level betwee.03 ad.109 may be deemed icapable of drivig if additioal evidece (e.g., swervig while drivig, igorig red traffic lights, walkig usteadily) is preset. 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. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Maximum 5 years imprisomet i the case of a crimial offese or a equivalet fiacial pealty. Suspesio of drivers licese: Suspesio of driver's licese 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). Imprisomet: Maximum 5 years imprisomet i the case of a crimial offese or a equivalet fiacial pealty. A perso with a BAC level betwee.03 ad.109 may be deemed icapable of drivig if additioal evidece (e.g., swervig while drivig, igorig red traffic lights, walkig usteadily) is preset. 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. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? Requirig rehabilitatio programs depeds o the severity of the offece. If the BAC at the first offese was.16 or higher, a medical-psychological ivestigatio is obligatory for regratig the drivig licese. I some cases, participatio i a rehabilitatio program is recommeded as a result of this ivestigatio. What Is the process for regratig drivers liceses that have bee suspeded or revoked? If the BAC was below.16, the drivig licese ca be regrated o request after a idividually determied period of time. If the BAC at the first offese was.16 or higher, a medical-psychological ivestigatio is obligatory for regratig the drivig licese. B-75

139 Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash Commets Not permitted. Madatory if there is ay suspicio of itoxicatio. Uder what circumstaces is it compulsory for a driver to submit to testig? Blood testig is compulsory if there is a fouded suspicio of itoxicatio. Notes o the level of eforcemet of Impaired Drivig Laws: Estimatios of the probability of detectio of drivig while itoxicated rage betwee 1/50 ad 1/500. Number of radom tests coducted aually, if kow: N/A B-76

140 Drikig ad Drivig Laws Driver Licesig Laws Italy What is the miimum licesig age for drivers of private automobiles? 18 is there a system of graduated licesig for ew drivers? No system of graduated licesig is evisaged. Nevertheless, Article 117 of the Italia Road Users Code states that, for the first three years after havig bee grated a drivig licese of the B category (which is valid for drivig vehicles ot exceedig 3.5 tos), drivers caot exceed a speed of 100 km/h o highways ad 90 km/h o mai extraurba roads. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 16 What is the miimum purchase age for alcoholic beverages? 16 Per Capita Cosumptio (i litres of absolute alcohol): 8.8 (1995) mpalred Drivig Laws What Is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee i effect? Sice 1988

141 Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No Other commets o BAC provisios of the law: A driver with a BAC over.08 is subject to a sactio for "drivig uder the ifluece of alcohol." Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: From 500,000 to 2,000,000 Italia lire ($ to $1, US), uless more serious crimes are ivolved. Suspesio of drivers licese: Drivig licese is withdraw for a period varyig from 15 days to 3 moths. Imprisomet: A maximum of 1 moth. What are the sactios for multiple offeses? Suspesio or revocatio of drivers licese: For more tha oe offese duig oe year, the period of withdrawal of the driver's licese is from 1 to 6 moths. Article 186 of the Italia Road User Code states that all drivers drivig uder the ifluece of alcohol shall be arrested for a period of up to a maximum of 1 moth ad shall be subject to a fie varyig from 500,000 to 2,000,000 Italia lire ($ to $1, US), 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. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? Not available. What is the process for regratig drivers liceses that have bee suspeded or revoked? Not available.

142 Eforcemet Eforcemet Techique Commets Radom breath testig (or similar eforcemet techique) j Used occasioally. Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash Uder what circumstaces is it compulsory for a driver to submit to testig? The blood alcohol cotet is checked by meas of breath tests. A BAC equal to or greater tha.08 per litre must be prove by at least two cocordat tests performed 5 miutes apart. The equipmet used for BAC measuremet is called "etilometro" (ethylometre). BAC tests are usually carried out by the police patrollig the streets, roads ad highways, or they may be performed at saitary facilities (i which case the BAC may also be checked by meas of blood tests). Number of radom tests coducted aually, if kow: Not kow

143 Drikig ad Drivig Laws Driver Licesig Laws Luxembourg What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? Driver's liceses of categories A ad B are issued for a limited time period of two years. These liceses are cosidered as provisioal. After this two-year period of istructio ad after havig participated i a oe-day course held i a approved traiig ceter, the driver may apply to have his/her licese validated for the legal duratio. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 17,18 What is the miimum purchase age for alcoholic beverages? Noe Per Capita Cosumptio (i litres of absolute alcohol): 11.6 (1995) mpalred Drivig Laws What is the blood alcohol cotet (BAC) limit?.08 What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee I effect? Sice 1972

144 Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No Sactios Not available. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? Such programs do ot exist yet. However, it is plaed to itroduce rehabilitatio programs i the cotext of the plaed poit system to be attached to the driver's licese. What Is the process for regratig drivers liceses that have bee suspeded or revoked? No geeral process exists, but regratig of drivers' liceses might be submitted to a ew test, theoretical ad/or practical. Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Commets Used occasioally. Testig oly if suspicio of itoxicatio Y V j Used frequetly. If the breath test is positive, the driver has to submit to a blood test Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash Used rarely. Both breath ad blood testig are permitted. Madatory If ivolved I a crash with casualties. Testig Is optioal whe obody has bee ijured. Breath ad blood testig are permitted. Uder what circumstaces is it compulsory for a driver to submit to testig? The alcohol test is madatory for drivers ivolved i a crash with casualties. If a public prosecutor orders the police to carry out radom roadside checks, all drivers durig these checks must take a madatory alcohol test. Number of radom tests coducted aually, If kow: Not kow

145 Drikig ad Drivig Laws Driver Licesig Laws The Netherlads What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? No. Whe traiig for the Certificate of Professioal Competece, it is possible to start practical traiig at the age of 17 years, though severe restrictios apply. Alcohol Purchase ad Cosumptio What is the miimum drikig age? Not kow What is the miimum purchase age for alcoholic beverages? 16,18 Per Capita Cosumptio (i litres of absolute alcohol): 8.0 (1995) mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 BAC or 220 mg/1 BrAC What is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee i effect? Sice 1994 Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No B-82

146 Other commets o BAC provisios of the law: Limits for prosecutio is BAC of.054, BrAC 235 mg/l Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: For first offeders ot ivolved i a traffic crash, fies are graduated accordig to BAC level. Fies rage from a miimum of f390 ($ US) for BAC of mg/100 ml to 2,200 ($1, US) for BAC of mg/100 ml. Suspesio of drivers licese: Suspesio of licese for BAC level greater tha 131 mg/100 ml. Legth of suspesio icreases with BAC level. The police are allowed to impose a temporary drivig ba to drivers suspected of beig uder the ifluece (as a result of the prelimiary breath test or otherwise). Imprisomet: 2 week imprisomet may be give for BAC over 211 mg/100 ml. Motorists refusig to take evidetial breath test icur a pealty equal to that give for BAC level of mg/100 ml. Other: First offeders with a BAC level betwee.13 ad.21 are obliged to follow a 3-day course at their ow expese. If they were ivolved i a road crash, they are ot allowed to follow the course, but must udergo a medical examiatio i order to establish their drivig ability. First offeders with a BAC level greater tha.21 also must udergo a medical examiatio. What are the sactios for multiple offeses? Agaist repeat offeders ad offeders ivolved i crashes, a pealty is requested belogig to a BAC category which is oe or two categories higher tha the actual BAC category. Recidivists with A BAC level betwee.08 ad.21 promille are obliged to follow a 3-day course at their ow expese. If they were ivolved i a road crash, 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. Separate pealty guidelies exist for alcohol impaired cyclists ad moped riders, the requested pealties beig less severe tha for motorists. B-83

147 Details o Sactios: The followig guidelies are applicable to first offeders, ot ivolved i a traffic crash: For a BAC mg/100ml, f 390 ($ US) (police) or f 500 ($249.92US) (public prosecutor) or f 600 ($ US) (request i court). For a BAC mg/ 100ml, f 700 ($ US) (public prosecutor) or f 850 ($ US)(request i court). For a BAC mg/100 ml, f 900 ($ US) (public prosecutor) or f 1,100 ($ US) (request i court). For a BAC mg/100 ml, f 1,350 ($ US) plus 6 moth probatioary licese suspesio. For a BAC mg/100 ml, f 1,650 ($ US) plus 6 moth probatioary licese suspesio. For a BAC , mg/100 ml, f 1,900 ($ US) plus 9 moth probatioary licese suspesio. For a BAC mg/ 100 ml, f 2,200 ($1, US) plus 2 weeks probatioary imprisomet plus 9 moth probatioary licese suspesio. For a BAC over 250 mg/100 ml, 2 weeks imprisomet plus 12 moth licese suspesio. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? Several ogoig driver traiig courses are offered o a volutary basis, icludig a geeral refresher course, ecoomical drivig, evirometally friedly drivig, skid courses, ad defesive drivig. First offeders with a BAC level betwee.13 ad.21 are obliged to follow a 3-day course at their ow expese. If they were ivolved i a road crash, they are ot allowed to follow the course, but must udergo a medical examiatio i order to establish their drivig ability. What is the process for regratig drivers liceses that have bee suspeded or revoked? If a offeder takes the 3-day rehabilitatio course, he or she ca get the licese back. If disqualified from takig the course (by BAC level or ivolvemet i a crash) the perso must udergo a medical examiatio.

148 * * Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash Commets Used frequetly. Madatory. Used occasioally. Used occasioally. Uder what circumstaces Is It compulsory for a driver to submit to testig? Drivers are obliged to comply to a prelimiary breath test for alcohol (screeig test) whe asked by the police. The police are allowed to impose a temporary drivig ba to drivers suspected of beig uder the ifluece (as a result of the prelimiary breath test or otherwise). A driver suspected of beig uder the ifluece is obliged to comply to evidetial breath testig (for alcohol) or evidetial blood testig (for alcohol or other impairig substaces) at the police statio. Refusig the evidetial breath or blood test is a crimial offese. Refusig the prelimiary breath test is a violatio of admiistrative law. A positive result of the prelimiary breath test for alcohol is a reaso for subsequet evidetial breath or blood testig. If the evidetial test is refused by the driver, the result of the prelimiary breath test will be used as evidece i the subsequet crimial procedure. Notes o the level of eforcemet of Impaired Drivig Laws: I the Amsterdam police regio, approximately 90,000 motorists are tested at radom aually. This is the equivalet of oe test i every five driver's licese holders i the Amsterdam regio. Testig varies greatly by regio. Estimated 500,000 radom tests per year atiowide. Number of radom tests coducted aually, If kow: 500,000 per year B-85

149 Drikig ad Drivig Laws Driver Licesig Laws New Zealad What Is the miimum licesig age for drivers of private automobiles? 15 Is there a system of graduated licesig for ew drivers? New Zealad has had a Graduated Driver Licesig System (GDLS) for private cars ad motorcycles sice The graduated system has three levels: a Learer Licese for which the miimum age is 15 ad which must be held for a miimum of 6 moths (or 3 moths with a certificate of competecy from a approved drivig school); a Restricted Licese which must be held for at least 18 moths (this ca be reduced to 9 moths o successful completio of a approved course); ad a Full Licese which the holder of a Restricted Licese may acquire after servig the miimum time requiremets ad payig a appropriate fee. The licesig system is beig reviewed ad a umber of chages have bee proposed. (See detail) Details of graduated licesig program: Learer Licese: Applicat must be at least 15 years of age ad must pass a eyesight test, a writte theory test o road rules ad aswer 5 oral questios. [Proposed chages would drop the oral questios ad use a more comprehesive theory test.] Learer Licese coditios: Must be accompaied by a supervisor at all times whe drivig o a public road. The supervisor must curretly hold ad have held a Full Licese for at least 2 years ad be seated ext to the driver (i.e., i the frot passeger seat). Subject to lower alcohol limits (150 micrograms/liter breath or 30 mg/100 mis blood). [Proposed chages would elimiate lower limits for learers. However, the same lower limits already apply ad will cotiue to apply to drivers uder 20 years old regardless of licese status.] Proposed requiremet: A "L"plate must be displayed o the vehicle. Learer ad Restricted Licese holders must carry their liceses at all times whe drivig. [A law recetly passed by Parliamet requirig madatory licese carriage for all drivers makes this provisio redudat.] e-ss

150 Learer Licese must be held for at least 6 moths but if the holder presets a Certificate of Competecy from a approved drivig school, he or she ca move to the ext stage after a miimum of 3 moths. [Proposed chage-o time reductios for driver traiig.] No maximum time limits for Learer stage. Restricted Licese: Applicat must have served the miimum requiremets o the Learer Licese stage ad must pass a practical drivig test. Restricted Licese coditios: Uless accompaied by a supervisor, the holder of a Restricted Licese caot carry passegers other tha the holder's spouse or childre or paret of either the holder or the spouse. Uless accompaied by a supervisor, caot drive betwee the hours of 10 pm ad 5 am. Proposed ew requiremet: Restricted Licese holders will have to display a "R" plate o the vehicle. Subject to lower alcohol limits (the same as Learers). Must carry the licese at all times whe drivig. Must stay i the Restricted stage for at least 18 moths but this ca be reduced to 9 moths o successful completio of a approved course. [Proposed chages: Restricted licese holders aged will remai i this stage for at least.18 moths, reduced to 12 moths o completio of a approved course; Restricted licese holders aged 25 or older must stay i the Restricted stage for at least 12 moths, reduced to a miimum of 6 moths upo completio of a approved course. Restricted licese holders will ot be able to move to a Full licese util aged 18 uless they successfully complete a approved course. I this situatio, the miimum age to obtai a full licese would be 17 years, 6 moths.] Curetly o maximum time limit o a Restricted licese. [Proposed chage would have it expire after 3 years.] Pealties for Breachig Learer ad Restricted Coditios: The curret pealty is a impositio of a extesio of up to 6 moths o the time a perso must remai at their preset stage. This extesio is imposed admiistratively by the police. [Proposed chage: breaches would icur a fie ad a umber of demerit poits which could evetually lead to a 3 moth period of licese suspesio oce 100 poits withi 2 years is exceeded.]

151 [Proposed ew Automatic oly licese coditios:. If a perso passes their first practical test for Restricted Licese i a vehicle with a automatic trasmissio, they will be restricted to drivig a automatic trasmissio util they either pass i a vehicle with maual trasmissio or pass the proposed ew Full Licese test.] Alcohol Purchase ad Cosumptio What is the miimum drikig age? 20 What is the miimum purchase age for alcoholic beverages? 20 Per Capita Cosumptio (i litres of absolute alcohol): 7.0 (1994/5) Impaired Drivig Laws What is the blood alcohol cotet (13AC) limit?.08 percet for drivers aged 20 or older (80 mg alcohol per 100 mis blood or 400 micrograms alcohol/litre breath). What Is the BAC limit for youger drivers, if differet?.03 for drivers aged less tha 20 (30 mg alcohol/ 100 mis blood or 150 micrograms alcohol/litre breath). Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee i effect?.08 limit itroduced i 1978; legal breath alcohol limit of 400 mgs/litre i 1988; lower limits for uder 20 i Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig Impaired drivig? No Other commets o BAC provisios of the law: I 1998, it was proposed that the lower limits that ow apply to ovice drivers o Learer ad Restricted Licese holders be discotiued. The basis of this decisio arose from a legal opiio that alcohol limits should be set i primary legislatio (i.e., a Act passed by Parliamet) rather tha i secodary legislatio (i.e., Trasport Regulatios which do ot geerally receive the same level of scrutiy by Parliamet). These lower limits by ovice drivers were previously cosidered a licese coditio ad cotaied i Trasport Regulatios. As the same lower alcohol limits already apply to all uder B-88

152 20 year old drivers regardless of licese status, it is likely that this requiremet will capture a cosiderable percetage of ovice drivers o Learer or Restricted Liceses who are also uder 20 years of age. Other complicatios associated with retaiig lower alcohol limits for Learer ad Restricted Licese holders are that, for cosistecy ad fairess, it would have bee ecessary to also apply these same lower limits to ulicesed ad disqualified drivers. A aomaly that curretly exists meas that ulicesed ad disqualified drivers (aged 20 or more) are subject to higher alcohol limits tha Learer or Restricted Licese holders i the same age rage. Give that ulicesed ad disqualified drivers should ot be drivig at all, a system that treats them more leietly tha Learer ad Restricted Licese holders is deemed to lack credibility ad fairess. The extesio of the lower alcohol limits to ulicesed ad disqualified drivers as well as the retetio of these same limits to Learer ad Restricted Licese holders ad those aged uder 20 was believed to create too much complexity for eforcemet purposes. Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: For a stadard drik-drive offece (exceedig.08 percet limit) a fie of up to ad icludig $4,500 ($2, US). For uder 20 year olds exceedig the.03 percet limit, a fie of up to ad icludig $2,250 ($1, US). Suspesio of drivers licese: For exceedig the.08 limit, a madatory disqualificatio of at least 6 moths. Courts may impose loger as they see fit. For uder 20 year olds exceedig.03, a madatory, disqualificatio of at least 3 moths. If the disqualificatio is less tha 6 moths, 50 demerit poits are applied to their record. The Court may impose a loger period. Imprisomet: For exceedig the.08 limit, the law allows a maximum term of imprisomet of 3 moths imposed at the discretio of the Court. For uder 20 year olds exceedig the.03 limit, the law allows a maximum term of imprisomet of 3 moths imposed at the discretio of the Court. Other: A commuity-based setece may be substituted for the fie or imprisomet at the discretio of the Court. What are the sactios for multiple offeses? Fie: A ew law which will take effect May 1, 1999 allows the Court to impose more severe pealties for the 3rd offese. 3rd offese fie is up to a icludig $6,000 ($3, US). Suspesio or revocatio of drivers licese: For 3rd offese, a madatory disqualificatio of at least 1 year. The Courts may imposed a loger time period.

153 Imprisomet: For 3rd offese, a term of imprisomet of up to ad icludig 2 years may be imposed at the discretio of the Court. Other: If a driver is covicted of ay oe of a rage of serious traffic offeses (icludig drik-drive) ad the, withi a 4 year period, commits aother offese o the specified list, the law cotais a presumptio i favour of cofiscatio of the vehicle the offeder was drivig at the time of the offese. Cofiscatio ca oly be ordered if the offeder is the ower of the vehicle or has fiacial iterest i it. Seizure costs, outstadig fies ad ay other moies owed o the vehicle are removed from the proceeds of the sale before the remaider (if ay) is retured to the ower. The ower may be forbidde to ow a vehicle for up to a year. Ay vehicle purchased i defiace of this order may be liable for cofiscatio also. Parliamet has recetly passed a law to allow road-side licese suspesio to be applied admiistratively by the police to grossly itoxicated drivers ad those who drive at excessive speeds. A further law recetly passed by Parliamet which will take effect i 1999 allows the police to immediately impoud a vehicle for 12 hours with a possible extesio of up to 24 hours o the grouds of public safety. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? Drivers who obtai two or more drik-drive covictios i 5 years are disqualified idefiitely from holdig or obtaiig a driver licese ad order by the Courts to atted a approved alcohol/drug assessmet ceter. This order is madatory if the qualifyig offese criteria are met. While the disqualificatio is idefiite, the offeder ca apply to the Director of Lad Trasport Safety after 2 years to have the idefiite disqualificatio removed. The idefiite disqualificatio will ot be removed util the offeder atteds the assessmet ceter ad is able to provide a satisfactory assessmet report. This sectio of the legislatio is curretly uder review as it has some problems especially with regard to sigificat umbers of offeder who ever atted the assessmet ceter ad remai disqualified although may cotiue to drive. What Is the process for regratig drivers liceses that have bee suspeded or revoked? If the disqualificatio or suspesio is a year or less, the driver ca apply for a replacemet licese ad resume drivig immediately whe the suspesio or disqualificatio has eded. If the perso has bee cotiuously disqualified for more tha oe year, they will be required to resit ad pass all the driver licesig tests before beig allowed to drive agai. B-90

154 * * Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Commets Madatory. New Zealad operates a radom breath testig program called "compulsory breath testig" (CBT) CBT laws give the police the power to test ay driver, aytime, ad aywhere without first havig a good cause to suspect that the driver has bee drikig. CBT is usually coducted at check-poits although the law also allows mobile patrols to stop ad test ay driver. Each police district is cotracted to deliver a certai umber of hours of alcohol eforcemet i their local commuities. Stadards for the level ad types of alcohol eforcemet activities are specified icludig CBT operatios. Used frequetly. As the police have the power uder New Zealad's CBT laws to test ay driver, these laws allow them to test where there is suspicio of itoxicatio or whe a traffic violatio has bee committed. It is highly likely that all drivers who are suspected of beig Itoxicated will be tested. Testig oly o arrest or commissio of a Used frequetly. See commets re: testig whe suspicio of traffic violatio..._... - itoxicatio. -.._ _ _..- Testig whe driver is ivolved i a crash Used frequetly. The laws a llowig CBT will cover drivers ivo lved i crashes. I most serious crashes atteded by the police, it is highly likely that drivers will be tested for alcohol, especially if there is a suspicio that ay of the parties were ivolved i drikig. I fatal crashes, it is usual practice for blood samples to be take from deceased drivers for blood alcohol aalysis as part of the post mortem procedure. Breath ad blood alcohol tests ca be coducted o drivers Ivolved I crashes if the driver is capable of udertakig a breath test. If the driver is Ijured or ucoscious, a blood specime ca be take at the hospital at the request of the police. Uder what circumstaces is it compulsory for a driver to submit to testig? Breath ad blood testig are coducted depedig o the levels ad breath testig device used. If the perso returs a evidetial breath test result that is betwee 400 ad 600 micrograms alcohol/litre breath o a coclusive breath-testig device, he or she ca elect to have a blood test. However, if their breath alchol level is over 600 micrograms/ litre o a coclusive device, they do ot have the right to have a blood test ad will be prosecuted o the basis o the evidetial breath test results. If the alcohol testig is coducted o a o-coclusive device, the perso has the right to elect a blood test at all alcohol levels. It is ot a offese to refuse to submit to a evidetial breath test. However, ay perso who refuses a evidetial breath test will almost certaily be asked to suppy a blood specime. If the perso refuses to comply with this, request, he or she ca be charged with refusig to supply a blood specime. This offese has the same pealties as a excess breath or blood alcohol offece. B-91

155 Notes o the level of eforcemet of Impaired Drivig Laws: New Zealad's Road Safety Program for accouts for approximately 20 percet of the total NZ police budget. Strategic outputs of speed cotrol, drik or drugged driver cotrol, restrait device cotrol ad visible road safety eforcemet are delivered accordig to Risk Targeted Patrol Plas which allocate police strategic hours to kow road safety risks, days of the week, times of the day, areas, routes ad localities. The plas esure that traffic patrols are optimally targeted ad utilized, ad provide support for both locally ad atioally plaed road safety promotio campaigs. Number of radom tests coducted aually, if kow: millio at CBT checkpoits; 380,000 mobile test B-92

156 Drikig ad Drivig Laws Driver Licesig Laws Norway What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? A probatioal licese is valid for two years; after which it will automatically be coverted ito a full drivig licese. This period caot be shorteed. If the probatioal licese holder causes a serious traffic offece, his/her licese is withdraw, ad he or she must pass aother theory test ad practical test. The probatioal period is the exteded for aother two years. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18, 20 (depedig o beverage or locatio) What is the miimum purchase age for alcoholic beverages? 18, 20 (depedig o beverage or locatio) Per Capita Cosumptio (i litres of absolute alcohol): 4.1(1995) mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 What Is the BAC limit for youger drivers, If differet? Not available. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? Not available. B-93

157 How log has the preset BAC limit bee i effect? The Norwegia govermet plas to propose a amedmet to the Road Traffic Act to lower the BAC limit to.02 with a equivalet limit i breath. Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Suspesio of drivers licese: Disqualificatio of the drivig licese is a possibility for all BAC levels above.05. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? Ogoig traiig is offered, amely drivig at ight. It is oly compulsory if it has ot bee completed before the issue of the licese. What is the process for regratig drivers liceses that have bee suspeded or revoked? Not available. Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Commets Not available. Not available... Testig oly o arrest... or commissio _.._.._... _... of... a traffic _..._... violatio _ _... _...._... Not available. _... _... _ _ Testig....._ _......_..._.._ _..._._...-._ _._...i whe driver is ivolved i a crash._._..._...._...._..... Not available. _..... _...._ Notes o the level of eforcemet of Impaired Drivig Laws: Sice 1996 the Itoxylizer 5000-N (a istrumet for measurig alcohol i breath) was sactioed as evidece o the same basis as blood samples i road traffic cases. Number of radom tests coducted aually, if kow: Not kow. B-94

158 Drikig ad Drivig Laws Driver Licesig Laws Portugal What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? A probatioary system exists for the first licese a cadidate obtais. The probatioary licese is valid for two years, after which oe automatically gets a permaet licese. This period caot be shorteed or exteded. There are o limitatios drivig with a probatioal licese. Alcohol Purchase ad Cosumptio What Is the miimum drikig age? Noe What is the miimum purchase age for alcoholic beverages? Not kow Per Capita Cosumptio (i litres of absolute alcohol): 11.0 (1995) mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.05 What Is the BAC limit for youger drivers, if differet? Not available. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? Not available. How log has the preset BAC limit bee i effect? Sice Jauary 3, 1998 I8-95

159 Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No Other commets o BAC provisios of the law: The blood alcohol cocetratio may be determied by a breathalyser or blood test. The Highway Code lays dow a coversio formulta of 1 mg of alcohol per liter of air exhaled equals 2.3 mg of alcohol per liter of blood.,sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Fies are graduated accordig to BAC level ragig from ESC 20,000 ($ US) for BAC betwee.05 ad.08 ad ESC 200,000 ($1, US) for BAC betwee.08 ad.12. Fies are combied with licese suspesio. Suspesio of drivers licese: Legth of suspesio is graduated accordig to BAC level ragig from 1 moth to 2 years. Imprisomet: Drivers with a BAC of over.12 commit a crime puishable uder the Code of Crimial Procedure with up to oe year's imprisomet or with a fie plus up to 120 days imprisomet. Offeders who pay the fie volutarily always pay the miimum amout ad receive the miimum additioal pealty. If the fie is ot paid voluarily by the time limit laid dow by law, the amout payable ad the duratio of the associated ba o drivig may be icreased up to the maximum laid dow, takig ito accout the circumstaces of the offese, the BAC level ad the offeder's past record. Details o Sactios: For a BAC betwee.05 ad.08, a fie betwee ESC 20,000 ad ESC 100,000 ($ to $ US) ad baed from drivig for betwee 1 moth ad 1 year. For a BAC betwee.08 ad.12, a fie betwee ESC 40,000 ad ESC 200,000 ($ to $1, US) ad baed from drivig for betwee 2 moths ad 2 years. Drivers with a BAC over.12 commit a crime puishable uder the Code of Crimial Procedure with up to oe year's imprisomet or with a fie plus up to 120 days' imprisomet. J B-96

160 Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? Not available. What Is the process for regratig drivers liceses that have bee suspeded or revoked? Not available. Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver Is ivolved i a crash Commets Used frequetly. Madatory blood tests must be coducted o road crash victims sufferig ijuries requirig hospital treatmet. Uder what circumstaces Is It compulsory for a driver to submit to testig? The blood alcohol cocetratio may be determied by a breathalyser or blood test. The Highway Code lays dow a coversio formulta of 1 mg of alcohol per liter of air exhaled equals 2.3 mg of alcohol per liter of blood. Drivers uwillig to take a breathalyser test may opt for a blood test istead. Blood tests are coducted o all road crash victims sufferig ijuries requirig hospital treatmet. Notes o the level of eforcemet of Impaired Drivig Laws: I 1997 a total of 875,368 breathalyser tests were coducted, of which 12,319 were positive. Sice the itroductio of breathalyser tests i 1982, the umber of drivers failig the test has bee decliig. However, 19% of the drivers failig the test had a BAC betwee.05 ad.08, 29% had a BAC betwee.08 ad.12, ad 52% had a BAC of.12 or more. Number of radom tests coducted aually, If kow: Not kow B-97

161 Drikig ad Drivig Laws Driver Licesig Laws Spai What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of 'graduated licesig for ew drivers? No. A cadidate for driver's licese must: 1) take a theoretical examiatio o the drivig civil code, 2) take a practical examiatio, ad 3) have a medical ad psychological evaluatio o fitess to drive. A ew regratig (with medical ad psychological examiatio) is required every 10 years. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 16 What is the miimum purchase age for alcoholic beverages? 16 Per Capita Cosumptio (i litres of absolute alcohol): 10.2 (1995) mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.08 (will be.05 as of May 6, 1999) What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)?.05 for vehicles over 3,500;.03 for commercial passeger vehicles (will be.03 for both as of May 6,1999). How log has the preset BAC limit bee i effect? New legislatio will be i force o May 6,1999.

162 Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No Sactios What are the sactios for first offese for drivig uder the Ifluece of alcohol? Fie: Fie of 50,000 to 100,000 pesetas ($ to $ US). Suspesio of drivers licese: 3 moths without drivig licese Imprisomet: No Other: No What are the sactios for multiple offeses? Fie: 200 to 50,000 pesetas/day ($1.32 to $ US) Suspesio or revocatio of drivers licese: 1-4 years Imprisomet: Imprisomet oly if the driver does't pay the fie. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to Impaired drivig offeders? Are they required? Aspects are uder study, but at preset are ot carried out. What is the process for regratig drivers liceses that have bee suspeded or revoked? A cadidate for driver's'licese must: 1) take a theoretical examiatio o the drivig civil code, 2) take a practical examiatio, ad 3) have a medical ad psychological evaluatio o fitess to drive. A ew regratig (with medical ad psychological examiatio) is required every 10 years. Eforcemet Eforcemet Techique Commets... Radom... breath _ testig (or... similar...,..._... eforcemet... techique)._ Used..... frequetly. _ _... Testig oly if suspicio of Itoxicatio Used frequetly. Testig oly o arrest or commissio of a traffic violatio Used.... frequetly Testig whe driver is ivolved i a crash Madatory. B-99

163 Uder what circumstaces is it compulsory for a driver to submit to testig? The law is ot well eforced. If the road crash is ot so dagerous, the drivers are usually tested. If there is a perso ijured ad removed to the hospital, they are usually ot tested. People who are killed i traffic crashes should be screeed for alcohol i the blood, but this is quite rare. Notes o the level of eforcemet of Impaired Drivig Laws: Level of eforcemet is poor. Note o umber of tests: For a populatio of 39,000,000, with 17,000,000 drivers, over 1,300,000 breath tests were performed i Number of radom tests coducted aually, if kow: Over 1,300,000 breath tests i 1997

164 Drikig ad Drivig Laws Driver Licesig Laws Swede What is the miimum licesig age for drivers of private automobiles? 18 Is there a system of graduated licesig for ew drivers? It is easier to lose the licese durig the first two years ad it is ot suspeded, meaig that the driver must take all licesig tests agai to get a ew licese. Alcohol Purchase ad Cosumptio What is the miimum drikig age? 18 What is the miimum purchase age for alcoholic beverages? 18 i restaurats; 20 i moopoly stores Per Capita Cosumptio (i litres of absolute alcohol): 5.3 (1995) mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.02 for druke drivig ad.10 for gross druke drivig What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee i effect? A BAC level of.08 was established i The limit was lowered to.05 i 1957, ad to.02 i Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No B-101

165 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: For first offese with o aggravatig circumstaces, fies are imposed. For a BAC level betwee.02 ad.10, the amout of the fie is determied by icome level as well as BAC level ad the circumstaces. Suspesio of drivers licese: For a BAC level betwee.03 ad.10, liceses may be revoked for 2 to 12 moths depedig o the circumstaces ad the BAC level. Above.10, a miimum 12 moths ad a maximum 36 moth loss of licese. Imprisomet: If a BAC level is greater tha.10, imprisomet for 1-to 2 moths. A druk driver who causes a crash ivolvig a fatality ca be imprisoed up to 6 years. The driver may be imprisoed i a facility desiged especially for druke drivers, ad may be required to udergo a treatmet program for alcohol depedecy. Other: If a BAC level is greater tha.10, the driver may be imprisoed i a facility desiged especially for druke drivers, ad may be required to udergo a treatmet program for alcohol depedecy. What are the sactios for multiple offeses? Fie: Usually ot applicable. Heavy fies if applied. Suspesio or revocatio of drivers licese: Below.10 BAC, close to 12 moths. Above BAC.10, well above 12 moths. Imprisomet: If a BAC level is greater tha.10, the offese is gross druk drivig ad is puishable by imprisomet for 1 to 2 moths. A druk driver who causes a crash ivolvig a fatality ca be imprisoed up to 6 years. The driver may be imprisoed i a facility desiged especially for druke drivers, ad may be required to udergo a treatmet program for alcohol depedecy. Recetly, more ad more druk drivers are give formal priso seteces but serve them at home uder electroic surveillace. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? I practice, i order to be able to get a medical certificate (see otes o regratig of licese), a problem driker must atted a rehabilitatio program. What is the process for regratig drivers liceses that have bee suspeded or revoked? If licese is suspeded for less tha 12 moths, the offeder's licese is reistated automatically after the stipulated period of time but if suspeded for more tha 12 moths, licesig tests must be take agai. To be relicesed after covictio of gross s-io2

166 druke drivig, the driver must get a medical certificate to prove he/she is ot. depedet o alcohol or other drugs. This certificatio ivolves several checkups ad liver ezyme testig. The licese is coditioal for 24 moths. Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver Is ivolved i a crash Commets Used frequetly. Ay policeofficer ca stop ay driver at ay time ad ay place ad request a screeig breath sample. A positive sample - suspicio which leads to evidetiary testig which ca be either blood or breath Used frequetly. Used frequetly. Used frequetly. Uder what circumstaces is It compulsory for a driver to submit to testig? A driver caot refuse. If he or she refuses a breath test, blood will be take with force if ecessary. Notes o the level of eforcemet of Impaired Drivig Laws: Eforcemet has high priority. About 1.2 millio radom breath tests per year i a populatio of approximately 4.5 millio drivers. Number of radom tests coducted aually, if kow: 1.2 millio B-103

167 * * Drikig ad Drivig Laws 'Driver Licesig Laws Uited Kigdom What Is the miimum licesig age for drivers of private automobiles? 17 Is there a system of graduated licesig for ew drivers? No graduated licesig, but drivers who get 6 or more pealty (demerit) poits withi 2 years must take a re-test. This does ot affect drik-drive. Alcohol Purchase ad Cosumptio What Is the miimum drikig age? 18 What is the miimum purchase age for alcoholic beverages? 18 (though o effective cotrol of cosumptio) Per Capita Cosumptio (i litres of absolute alcohol): 7.3 (1995) mpaired Drivig Laws What is the blood alcohol cotet (BAC) limit?.08; Breath alcohol limit 35 microgrammes/100 ml (.35 male); urie alcohol limits 107 mg/100 ml (1.07 g/e). What Is the BAC limit for youger drivers, if differet? No differece. Are BAC limits established for other coditios (e.g., for commercial vehicles, motorcycles, etc.)? No differece. How log has the preset BAC limit bee I effect? Sice The UK Govermet is curretly cosiderig lowerig the BAC limit to.05. Are local govermets (cities, provices, etc.) permitted to establish laws or ordiaces regulatig impaired drivig? No

168 Sactios What are the sactios for first offese for drivig uder the ifluece of alcohol? Fie: Up to 5,000 pouds ($8, US). Average is 300 pouds ($ US). Suspesio of drivers licese: Possible, though rare for first offese. Imprisomet: Up to 6 moths, though rare for first offese. Other: Vehicle forfeiture is possible, though rarely used. What are the sactios for multiple offeses? Fie: Same as for first offese: up to 5,000 pouds ($8, US); average is 300 pouds($ US). Suspesio or revocatio of drivers licese: 3 years miimum if there has bee a previous drik/drive offece withi 10 years. Imprisomet: Up to 6 moths. Other: Vehicle forfeiture is possible, though rarely used. The UK has a scheme for medical screeig of high risk offeders, those whose blood alcohol is over.20 or who have bee covicted two or more times withi 10 years, or who have refused to provide a specime. If the screeig shows a alcohol problem, a licese ca be refused, or restricted for a short period, o medical grouds. Rehabilitatio ad Regratig of Liceses Are rehabilitatio programs offered to impaired drivig offeders? Are they required? Sice 1993, the UK has made experimetal use of rehabilitatio courses for drik-drive offeders. They are available i certai areas oly ad if the court orders the offeder to atted the course. Disqualificatio is reduced by 25%. The scheme may become permaet ad atiowide i 2000 subject to a Parliametary approval. What is the process for regratig drivers liceses that have bee suspeded or revoked? They must apply ad pay a fee. If they are repeat offeders or had blood alcohol of 200 mg/100 ml (2.0 g/1) they must also provide medical evidece that they are ot physically ivalid to drive through alcohol depedecy. Courts may order a drivig test, but this is rare.

169 Eforcemet Eforcemet Techique Radom breath testig (or similar eforcemet techique) Testig oly if suspicio of itoxicatio Testig oly o arrest or commissio of a traffic violatio Testig whe driver is ivolved i a crash Commets Not permitted, although radom stoppig is permitted ad ca lead to testig o suspicio. Used frequetly. Used frequetly whe a offese ivolvig movig traffic is observed. Used frequetly. Police policy is to do this wheever practicable. Uder what circumstaces is It compulsory for a driver to submit to testig? I the UK the police have virtually ulimited powers to stop a driver, but may oly admiister a breath test if a) the driver has bee i a crash, b) the driver is believed to have committed a traffic offese, or c) the policeofficer has a resoable suspicio that the driver has bee drikig-i ay cases, breath testig is used for screeig at roadside; breath, blood or urie for evidetial purposes. Notes o the level of eforcemet of Impaired Drivig Laws: Reasoable ad icreasig. The drik-drive limit has remaied uchaged sice it was first itroduced, alog with roadside breath testig, i Evidetial breath testig was itroduced i 1983 as a alterative to the takig of blood samples. By streamliig the prosecutio procedure, this has ecouraged a large icrease i roadside eforcemet. Better roadside screeig devices have also icreased eforcemet. I 1996, over 780,000 roadside tests were carried out i Eglad ad Wales aloe, compared with 241,000 i Number of radom tests coducted aually, If kow: N/A B-106

170 DOT HS March 2000 People Savig People

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