18

18

18

7.6 (1994/5)

.05

See State detail.

See State detail.

See State detail.

Yes

See State detail.

See State detail.

See State detail

18

Yes

18

18

.05

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

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

Since January 1, 1991

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

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

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

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

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

No legislation, but court may order attendance at course

Not available.

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

Not known.

18

Yes

18

18

.05

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

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

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

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

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

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

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

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

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

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

Not known.

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

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

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

59 per 100 drivers annually

18

Yes

18

18

.05

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Not known.

18

Yes

18

18

.05

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

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

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

Immediate 24 hour license suspension for all BAC offenses.

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

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

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

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

Not available.

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

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

760,000 (1994-95)

18

Yes

18

18

.05

.02 for drivers up to 19 years.

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

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

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

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

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

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

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

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

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

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

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

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

Not available.

Not known.

600,000 in 1997

18

Yes

18

18

.05

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No legislation on compulsory testing.

Approximately 83 per 100 drivers in 1997

18

Yes

18

18

.05

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

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

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

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

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

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

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

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

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

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

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

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

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

2.4 million annually

18

Yes

18

18

.05

.02 for probationary drivers for 12 months

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

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

Over .02, under 18, P's or L's, unlicensed-fine of $100 to $300 ($62.90 to 188.70 US).

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

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

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

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

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

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

No requirement for rehabilitation program.

Not available.

No legislation on compulsory breath testing.

Approximately 85 per 100 drivers in 1995-96

17 (Category B: automobile)

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

The candidate must

• Be qualified for traffic
• Show necessary physical and mental maturity
• Show health qualification
• Have one or two authorized accompanists for driving.

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

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

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

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

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

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

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

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

16

16 for beer and wine; 18 for all

9.8 (1995)

.05 or .25 mg/l in breath

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

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

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

No

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

• Number of breath checks for alcohol increased from 45,783 to 59,551 (30.1%) during the first six months of 1998.
• The number of fines for drunk driving reduced from 23,957 to 19,969 (16.6%).
• The number of license suspensions in case of drunk driving decreased from 14,186 to 11,003 (22.4%).

• January - May 97: 42 fatalities, 887 crashes with 1,279 people injured;
• January - May 98: 20 fatalities, 722 crashes with 1,006 people injured.

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

Fine

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

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

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

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

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

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

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

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

• Slight (bodily) injury - up to three months imprisonment or 180 daily-rates fine (the daily rate depends on the offender's wages).
• Serious (bodily) injury - up to six months imprisonment or 360 daily rates fine.
• Careless killing - up to one year imprisonment; there is no possibility for court to decide on a fine instead of imprisonment.

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

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

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

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

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

Approximately 94,973

18

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

15

No limit

9.1 (1995)

.05 or .22 mg/liter of breath

No difference.

No difference.

Since December 1, 1994

No

Rehabilitation programs may be required at the judge's discretion.

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

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

Enforcement is high.

234,964 for the police only

Set by provincial law.

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

19 in Alberta & Quebec, 18 in all others

Set by provincial law

6.2

.08

See details by Province.

See details by Province.

See details by Province

Yes

See details by Province.

See details by Province.

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

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

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

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

16

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

19

.08

No difference.

No difference.

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

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

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

16

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

18

.08

.00 for learner or novice drivers.

No difference.

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

Not known.

Reinstatement fee of $100 ($66.23 US).

16

Yes. Candidate may obtain a learner's permit at age 15½ if enrolled in a high school driver education course. Learner's permit must be held for 2 weeks minimum. Probationary license is not restricted. However, a maximum suspension of 1 year may be imposed if convicted of a moving violation. The probationary period will be extended for one year after the suspension expires. Candidate is fully licensed after 12 months probationary period with no convictions or at fault crashes.

18

.08

No difference, but under review.

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

No difference.

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

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

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

18 (16, instructional permit with parental consent)

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

• Duration of 4 months with approved course, 12 months without approved course. Requirements are
• A BAC limit of .00;
• Accompaniment by a fully licensed co-driver with no other passengers;
• Must pass a government road test to pass to Stage 2
• No driving offenses under Criminal Code or be suspended for loss of points.

• Must be 24 months since issued Stage 1 license
• Must be in Stage 2 for a minimum of 12 months
• A BAC limit of .00
• No driving offenses under Criminal Code or be suspended for loss of points

18

.08

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

No difference.

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

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

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

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

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

17 (16 for learner's stage)

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

• 16 years of age
• 12 months duration, may be reduced to 8 months if driver education program completed
• .00 BAC
• Must be accompanied by fully licensed driver with minimum 4 years experience
• No passengers
• No driving midnight to 5 am
• 6 demerit points. Program must be begun again.
• No suspension
• Must pass road test to proceed to next stage

• 12 months
• .00 BAC
• Driving between midnight and 5 am must be accompanied by fully licensed driver with minimum 4 years experience
• Cannot apply for commercial class license
• 6 demerit points. Program must be begun again.
• No suspensions

18

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

No difference.

No difference.

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

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

16

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

18

.08

No difference.

No difference.

Lower BAC limits for younger drivers under review.

Not required.

Not available.

16

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

• 3 months with approved course
• 6 months without approved course
• .00 BAC limit
• Only fully licensed driver with .00 BAC limit and no other passengers
• Must pass government test to proceed to next stage

• 24 months in this stage
• .00 BAC
• Number of passengers limited to number of available seatbelts
• No driving between midnight and 5 am unless accompanied by fully licensed driver (employment exceptions possible)
• Must attend 6 hour defensive driving course.

18

.08

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

No difference.

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

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

16

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

18

.08

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

No difference.

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

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

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

16

Candidate may apply for a learner's permit at age 15½ if enrolled in a novice driver course. The Learner's Stage is for 12 months. The driver must be accompanied by a fully licensed co-driver and must complete a novice driver or driver's education course 90 days prior to the road test. The Newly Licensed State extends for 24 months. Candidates must be free of driving convictions. BAC limit of .00 in both stages.

• 12 months
• Can apply for learner's permit at age 15½ if enrolled in a novice driver course
• Co-pilot program available for parents (not mandatory)
• Must be accompanied by fully licensed driver 90 days prior to road test
• .00 BAC

• 24 months
• Fewer demerit points for license suspension than for fully licensed drivers
• .00 BAC

18

.08

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

No difference.

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

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

16

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

19

.08

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

No difference.

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

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

16 (15 for learner's if enrolled in course)

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

18

.08

BAC limit of .04.

No difference.

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

Not available.

16

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

18

.08

No difference.

No difference.

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

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

18

No graduated licensing.

18

18

10.0 (1995)

.05

No difference.

No difference.

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

No

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

Offered but not required.

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

Always when the police require a test.

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

Not known

18

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

18

18

6.6 (1995)

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

No difference.

No difference.

Since 1994

No

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

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

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

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

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

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

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

Not available.

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

Testing is always compulsory if policeofficer suspects alcohol.

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

1.5 to 2.0 million

18

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

16

16

11.5 (1995)

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

No difference.

No difference.

Since September, 1995

No

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

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

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

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

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

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

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

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

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

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

6,677,808 in 1997

18

No graduated licensing.

16

16, 18

9.9 (1995)

.05, .11 for criminal offense

No difference.

No difference.

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

No

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

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

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

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

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

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

N/A

18

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

16

16

8.8 (1995)

.08

No difference.

No difference.

Since 1988

No

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

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

Not available.

Not available.

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

Not known

18

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

17, 18

None

11.6 (1995)

.08

No difference.

No difference.

Since 1972

No

Not available.

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

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

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

Not known

18

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

Not known

16, 18

8.0 (1995)

.05 BAC or 220 mg/l BrAC

No difference.

No difference.

Since 1994

No

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

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

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

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

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

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

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

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

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

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

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

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

500,000 per year

15

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

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

• Must be accompanied by a supervisor at all times when driving on a public road. The supervisor must currently hold and have held a Full License for at least 2 years and be seated next to the driver (i.e., in the front passenger seat).
• Subject to lower alcohol limits (150 micrograms/liter breath or 30 mg/100 mls blood). [Proposed changes would eliminate lower limits for learners. However, the same lower limits already apply and will continue to apply to drivers under 20 years old regardless of license status.]
• Proposed requirement: An "L"plate must be displayed on the vehicle.
• Learner and Restricted License holders must carry their licenses at all times when driving. [A law recently passed by Parliament requiring mandatory license carriage for all drivers makes this provision redundant.]
• Learner License must be held for at least 6 months but if the holder presents a Certificate of Competency from an approved driving school, he or she can move to the next stage after a minimum of 3 months. [Proposed change-no time reductions for driver training.]
• No maximum time limits for Learner stage.
• Restricted License: Applicant must have served the minimum requirements on the Learner License stage and must pass a practical driving test.

• Unless accompanied by a supervisor, the holder of a Restricted License cannot carry passengers other than the holder's spouse or children or parent of either the holder or the spouse.
• Unless accompanied by a supervisor, cannot drive between the hours of 10 pm and 5 am.
• Proposed new requirement: Restricted License holders will have to display an "R" plate on the vehicle.
• Subject to lower alcohol limits (the same as Learners).
• Must carry the license at all times when driving.
• Must stay in the Restricted stage for at least 18 months but this can be reduced to 9 months on successful completion of an approved course. [Proposed changes: Restricted license holders aged 15-24 will remain in this stage for at least 18 months, reduced to 12 months on completion of an approved course; Restricted license holders aged 25 or older must stay in the Restricted stage for at least 12 months, reduced to a minimum of 6 months upon completion of an approved course. Restricted license holders will not be able to move to a Full license until aged 18 unless they successfully complete an approved course. In this situation, the minimum age to obtain a full license would be 17 years, 6 months.]
• Curently no maximum time limit on a Restricted license. [Proposed change would have it expire after 3 years.]

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

20

20

7.0 (1994/5)

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

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

No difference.

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

No

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

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

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

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

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

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

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

18

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

18, 20 (depending on beverage or location)

18, 20 (depending on beverage or location)

4.1 (1995)

.05

Not available.

Not available.

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

No

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

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

Not available.

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

Not known.

18

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

None

Not known

11.0 (1995)

.05

Not available.

Not available.

Since January 3, 1998

No

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

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

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

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

Not available.

Not available.

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

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

Not known

18

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

16

16

10.2 (1995)

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

No difference.

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

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

No

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

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

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

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

Over 1,300,000 breath tests in 1997

18

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

18

18 in restaurants; 20 in monopoly stores

5.3 (1995)

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

No difference.

No difference.

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

No

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

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

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

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

1.2 million

17

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

18

18 (though no effective control of consumption)

7.3 (1995)

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

No difference.

No difference.

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

No

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

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

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

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

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

N/A