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Driving under the influence

Driving under the influence, drunk driving, or drink-driving, is the act of operating a motor vehicle (and sometimes a bicycle or similar human-powered vehicle) after having consumed alcohol (ethanol) or other drugs, to the degree that mental and motor skills are impaired. In addition to driving under the influence of alcohol and driving under the influence of other drugs, a third "DUI" offense consists of driving under the combined influence of alcohol and other drugs. The drugs causing or contributing to the impairment need not be illegal, but can consist of lawfully prescribed or over-the-counter medication. Anti-drunk-driving advertising campaigns have aimed to raise awareness of the legal situation and the dangers of driving while intoxicated. Drunk-driving is responsible for a very large number of deaths, injuries, damage and accidents every year.

The specific criminal offence may be called, depending on the jurisdiction, driving while intoxicated (DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs or drunk in charge [of a vehicle]. Such laws may also apply to boating, or piloting aircraft.

Presumptive guilt may be established by subjective tests of the driver's impairment, or measurement of his blood alcohol content (BAC). This is expressed in terms of milligrams of alcohol per millilitres of blood, or as a percentage. (10 mg/100 ml = 0.01 g/100 g = 0.01 %).

Drinking and driving is the act of driving a vehicle after consuming an alcoholic beverage or while consuming one. It is often confused with drunk driving and the other terms identified above. Driving after consuming alcohol is generally not illegal unless the driver’s ability to drive safely is impaired as defined by law.

Driving while consuming alcohol is often defined as illegal, irrespective of whether or not the driver is impaired. In some jurisdictions it is also illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment.

United States

All states have an illegal per se limit of 0.08%. Some states also include a lesser charge — often known as driving while impaired — at a BAC of around 0.05%. Also, in all states, drivers under the drinking age of 21 have committed a drunk driving offence if they have any alcohol in their blood (set at .00%, .01% or .02% to be meaningful). DUID is driving under the influence of drugs. A third possible charge is driving under the combined influence of alcohol and drugs; this requires no particular blood-alcohol level, but only impairment as the result of the combined effects of alcohol and drugs (which may be legal or illegal).

The limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05% depending upon the jurisdiction.

VC 23577: Penalty enhancement for refusal to submit to, or willful failure to complete, a chemical test. Penalty: 1st Offense (23152 or 23153) - same as penalties for 23152 or 23153; 2nd Offense (23152 or 23153) - additional 96 hours county jail; 3rd Offense (23152) - additional 10 days county jail; 4th Offense (23152) - additional 18 days county jail.

A current defense against drunk driving is already under way in the state of Ohio, and is being looked at in California for DUI offenders to purchase a "scarlet letter" that is placed over the offender's license plates. This identifies them as a DUI offender, and must be purchased for all their household car's plates, along with the regular DUI and court charges.

Canada

Driving under the influence is a generic term for a series of offences under the Canadian Criminal Code. The main offences are operating a motor vehicle while the ability to do so is impaired by alcohol or a drug, contrary to section 253(a) of the Criminal Code, and operating a motor vehicle while having a blood-alcohol concentration of greater than 80 milligrams of alcohol in 100 millilitres of blood, contrary to section 253(b) of the Criminal Code.

The offences are usually investigated by the police coming across a driver with either an erratic driving pattern or who has been pulled over. The police make a demand that the driver give a sample of his breath into an approved screening device, which will determine the driver's blood-alcohol concentration on a preliminary, non-evidentiary basis. If the police believe on reasonable and probable grounds that the driver is commiting an offence under section 253 of the Criminal Code, the police can demand that the driver go to the police station to give samples of his breath for an approved instrument test, which would be used to prosecute the driver.

The punishments for impaired driving or driving over 80 are:

• For the first offence: $600 fine, 1-year driving prohibition;
• For the second offence: 14 days jail, 2-year driving prohibition;
• For the third or subsequent offence: 90 days jail, 3-year driving prohibition.

On Dec 15, 2005, Charly Hart of Watford, Ontario, a man with a 35-year history of impaired driving which included thirty-nine convictions, was on the occasion of his latest such conviction sentenced to six years in prison, the most severe penalty ever handed down in Canada when the offence did not involve a fatality, and the maximum sentence permitted under the law.[1]

Australia

Road laws are state based

• Australian Capital Territory
  • 0.02% for "professional" drivers (taxi, bus, dangerous goods vehicles, heavy vehicles over 4.5 tonnes, Commonwealth vehicles) and learner and P plate drivers
  • 0.05% for experience drivers (that is drivers over 18 years of age who have been driving for more than 3 years and are not classed as "professional" drivers)
• New South Wales:
  • Zero for Learner and Provisional licences and 0.02 % for Drivers of vehicles of "gross vehicle mass" greater than 13.9 tonnes, vehicles carrying dangerous goods or public vehicles such as a taxi or bus.
  • 0.05% for all other drivers
• Queensland
  • A Zero limit applies to the drivers of trucks, buses, articulated vehicles, vehicles carrying dangerous goods, pilot vehicles, and taxis. It also applies to all learner drivers and provisional drivers under 25 years of age.
  • 0.05% for other drivers.
• South Australia
  • Zero limit for learner, provisional, probationary, heavy (greater than 15 tonne) vehicle, taxis, licensed chauffeured vehicles, dangerous goods, and bus licences.
  • 0.05% for all other drivers.
• Tasmania
  • Zero limit for learner, provisional, truck, bus, and taxi licences.
  • 0.05% for all other drivers.
• Victoria
  • Zero limit applies for unlicensed drivers and holders of Learner permits and Probationary licences, as well as any 'professional' drivers - including tram drivers. Also for certain relicensed drink-drivers.
  • 0.05% for most other drivers.
  • Licences cancelled for certain serious drink-driving offences may only be reissued after obtaining a court order. In such cases, the relicensed driver is subject to a zero limit for 3 years following relicensing or for as long as the person is required to use an alcohol interlock.
  • Alcohol interlocks are required whenever a repeat drink-driver is relicensed. In addition, a court may impose an alcohol interlock when relicensing a first offender in certain serious cases (generally when the offence involved a BAC of 0.15% or higher).
  • Zero limit for "prescribed illicit drugs", namely methylamphetamine and THC (Cannabis).
  • Random testing of drivers is in force for alcohol and (on a trial basis) for prescribed illicit drugs.
• Western Australia
  • 0.02% for provisional (probationary) licence holders.
  • 0.05% for all other drivers.

In Australia, there are laws that allow for a police officer to stop any driver and perform a random breath test, without needing any reason. In addition, in Victoria, any driver can be required to perform a random saliva test for a prescribed illicit drug (i.e. methylampetamine and cannabis). Also, in Victoria, if a doctor sees any patient who is 15 years old or older as a result of a vehicle accident, the patient must allow the doctor to take a blood sample for testing for alcohol and drug content in a way that preserves the chain of evidence, regardless of whether the patient claims to be the driver, a passenger or any other circumstances. The results can be used as evidence in subsequent court proceedings.

Europe

Austria: 0.05 % and 0.01 % for drivers who have held a licence for less than 2 years and drivers of vehicles over 7.5 tonnes
Belarus: 0.05 %
Bosnia-Herzegovina: 0.05 %
Bulgaria: 0.05 %
Croatia: Zero
Czech Republic: Zero
Denmark: 0.05 %
Estonia: 0.02 %
France: 0.05 %
Finland: 0.05 %
Germany: 0.05 % and zero for drivers conducting commercial transportation of passengers
Gibraltar: Zero
Greece: 0.05 % and 0.02 % for drivers who have held a license for less than 2 years and bus drivers
Hungary: Zero
Iceland: 0.05 %
Ireland: 0.08 %
Italy: 0.05 %
Latvia: 0.02 % for drivers with less than 2 years' experience and 0.05 % for those with more than 2 years' experience
Liechtenstein: 0.08 %
Lithuania: 0.04 %
Luxembourg: 0.08 %
Malta: 0.08 %
Netherlands: 0.02 % for drivers with less than 5 years' experience and 0.05 % for those with more than 5 years' experience
Norway: 0.02 %
Poland: 0.02 %
Portugal: 0.05 %
Republic of Moldova: 0.03 %
Romania: Zero
Slovakia: Zero
Slovenia: 0.05 %
Spain: 0.05 % [2] and 0.03 % for drivers with less than 2 years experience and drivers of freight vehicles over 3.5 tonnes, and of passenger vehicles with more than 9 seats.
Sweden: 0.02 % (up to 6 months imprisonment), 0.10% (up to 2 years imprisonment)
Switzerland: 0.05 %
Turkey: 0.05 %
Ukraine: Zero
United Kingdom: 0.08 %.

Note: "Zero" usually means "below detection limit".

Americas

Argentina: 0.05 %
Belize: 0.08 %
Bolivia: 0.07 %
Brazil: 0.06 %
Canada: 0.08 %
Chile: 0.049 %
Colombia: 0.04%
Costa Rica: 0.049 %
Cuba: Zero
Dominican Republic: No Limit and 0.05 % for professional drivers
Ecuador: 0.07 %
El Salvador: 0.05 %
Guatemala: 0.08 %
Guyana: 0.01 %
Honduras: 0.07 %
Jamaica: 0.035 %
Mexico: 0.08 %
Nicaragua: 0.08 %
Panama: Zero
Paraguay: 0.08 %
Peru: 0.045 %
Suriname: 0.08 %
Uruguay: 0.08 %
Venezuela: 0.05 %

Africa

Algeria: 0.01 %
Benin: 0.05 %
Cape Verde: 0.08 %
Central African Republic: 0.08 %
Comoros: No Limit
Congo: No Limit
Equatorial Guinea: Zero
Eritrea: Zero
Ethiopia: No Limit
Gambia: Zero
Ghana: 0.08 %
Guinea: Zero
Guinea-Bissau: 0.05 %
Kenya: 0.08 %
Malawi: Zero
Mauritius: 0.05 %
Namibia: 0.05 %
Niger: 0.08 %
Nigeria: Zero
Seychelles: 0.08 %
South Africa: 0.05 % and 0.02 % for professional drivers (trucks over 3.5 tonnes, and vehicles carrying passengers for reward) South African MoT
Togo: No Limit
Uganda: 0.08 %
Tanzania: 0.05 %
Zambia: 0.08 %

Caucasus

Armenia: Zero
Azerbaijan: Zero
Georgia: 0.03 %

Middle East

Iran: Zero. Drinking alcohol is illegal in Iran.
Israel: 0.05 %
Jordan: Zero
Kuwait: Zero. Drinking alcohol is illegal in Kuwait.

East Asia

China: Varies. "Drinking and driving" and "driving while intoxicated" carry different penalties.
Japan: 0.03 %
Republic of Korea: 0.052 %

Western Pacific

French Polynesia: 0.05 %
Micronesia: 0.05 %
New Zealand has a limit of 0.08% for drivers over 20 years, 0.03% for those under. LTSA website
Palau: 0.01 %

Central Asia

Kyrgyzstan: 0.05 %
Mongolia: 0.02 %
Turkmenistan: 0.033 %

South Asia

India: 0.03 %
Nepal: Zero
Sri Lanka: 0.06 %

South-East Asia

Cambodia: 0.05 %
Laos: No Limit
Malaysia: 0.08 %
Philippines: 0.05 %
Singapore: 0.08 %
Thailand: 0.05 %

Philosophical perspectives

An overview of the philosophical approach to DUI, especially with respect to ethical and pedagogical concerns, is James B. Gould's "A Sobering Topic: Discussing Drunk Driving in Introductory Ethics" in 'Teaching Philosophy' 21:4 (December 1998), 339-360.

Gould's central point is that drink-driving offers an ethical case that, for most people, is clear-cut in the fundamentals, familiar from everyday life, and extraordinarily complicated in the details. In other words, it's ideal for philosophical analysis at the introductory level.

He cites the few articles by academic philosophers that he could find:

• Douglas N. Husak, "Is Drunk Driving a Serious Offense?" 'Philosophy and Public Affairs' 23 (1994).
• Bonnie Steinbock, "Drunk Driving." 'Philosophy and Public Affairs' 14 (1985).
• James D. Stuart, "Deterrence, Desert and Drunk Driving," 'Public Affairs Quarterly' 3 (1989).

External links

• Drinking & Driving Issues by David J. Hanson.
• Dr John Maloney Why reducing drink driving limits may save fewer lives than claimed Social Affairs Unit Web Review

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