Country

BAC Limit

Date Enacted

BAC for Younger Drivers

BAC for Others

Australia

.05

See State detail

See State detail

See State detail

Since January 1, 1991

.02 for learners, 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

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

.02 for learners, provisional licenses (since 4/2/85); .02 for new drivers under the age of 25; 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 passed in 1992, implemented in 1994; .00 for new drivers in 1985; .00 for certain vehicles passed in 1992, but commencement pending

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

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

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

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

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

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

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

.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 June 1976. .00 (.02 tolerance) for new drivers and drivers of heavy or passenger vehicles since January 1, 1992.

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

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

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

.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

Austria

.05 or 0.25 mg/l in breath

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

0.01 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

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

Belgium

.05 or 0.22 mg/liter of breath

Since December 1, 1994

No difference.

No difference.

Brazil

.08

Not available

Not available

Not available

Canada

.08

1969

See details by Province.

See details by Province.

No difference.

No difference.

No difference, but under review.

No difference.

No difference, but under review.

No difference.

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

No difference.

.05 regulations that suspend driving priviledges at lower levels of alcohol than the Federal laws.

No difference.

No difference.

No difference.

No difference.

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

No difference.

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.

For drivers under age 19, BAC limit is .01.

No difference.

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

No difference.

BAC limit of .04.

No difference.

No difference.

No difference.

Czech Republic

.00

Not available

Not applicable.

Not applicable.

Denmark

.05

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

No difference.

No difference.

Finland

There are two limits: .05 or 0.25 mg/l for breath; 0.12 or 0.6 mg/l for breath for severe drunken driving

Since 1994

No difference.

No difference.

France

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

Since September, 1995

No difference.

No difference.

Germany

.05, 0.11 for criminal offense

.08 since 1973; .05 and 1.10 for criminal offense since April 1998

No difference.

No difference.

Greece

.05

Not available

Not available

Not available

Ireland

.08

Not available

Not available

Not available

Italy

.08

Since 1988

No difference.

No difference.

Japan

.00 in practive

Since 1970

Not applicable.

Not applicable.

Luxembourg

.08

Since 1972

No difference.

No difference.

Netherlands

.05 BAC or 220 mg/l BrAC

Since 1994

No difference.

No difference.

New Zealand

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

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

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

No difference.

Norway

.05

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.

Not available

Not available

Portugal

.05

Since January 3, 1998

Not available

Not available

Russia

.02

Not available

Not available

Not available

Spain

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

New legislation will be in force on May 6, 1999

No difference

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

Sweden

.02 for drunken driving and 0.10 for gross drunken driving

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

No difference.

No difference.

Switzerland

.08

Not available

Not available

Not available

United Kingdom

.08; Breath alcohol limit 35 microgrammes/100 ml (0.35 male); urine alcohol limits 107 mg/100 ml (1.07 g/e)

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

No difference.

No difference.

United States

.08 in 17 States

.10 in 33 States

Varies from State to State

.00 to .02 in all States

Country

Sanctions for First Offense

Sanctions for Multiple Offenses

Other Relevant Information

Australia

See State detail.

Fines are graduated according to BAC level, beginning with .02 and are combined with some suspension of license and possible imprisonment for higher BAC levels.

License suspension increases with BAC level, beginning with a possible 3 month suspension for a BAC of .02 to .05, and increasing to a maximum of 36 months for a BAC of over 1.5.

For .08 to .15, the offender is fined up to 10 penalty units and/or 6 months maximum gaol and 12 months maximum suspension. For BAC over .15, fines up to 15 penalty units and/or 9 months maximum gaol and 36 month maximum suspension.

Fines follow the same graduated scale according to BAC level but amounts are increased for multiple offenses.

License suspensions are graduated according to BAC level as with first offense, but length of suspension is increased for multiple offenses.

Length of sentence increases for multiple offenses.

Fines are graduated based on BAC level. For drivers under 25 and professional drivers with BAC between .02 and .05, maximum fine of $550 ($345.95 US) and automatic 3 month disqualification. Fines increase with BAC level

All BAC levels over .02 for drivers under 25 and professional drivers, and over .05 for all other drivers incur an automatic disqualification of the license. The length increases with increased BAC level. Immediate suspension of license for a high range PCA offence.

Up to 6 months imprisonment possible for BAC of .08 to .15; increasing to up to 9 months for BAC greater than .15.

Fines for multiple offenses follow a similar graduated scale according to BAC level, but amounts are increased.

Length of period of disqualification increases with multiple offenses.

Up to 9 months for BAC of .08 to .15; 12 months for BAC greater than .15.

Fines are graduated according to BAC level and combined with license suspension and possible imprisonment. Range is from $500 to $1,000 ($314.50 to $629.00 US).

Length of license suspension for drivers who are under 18 or who have a learner or provisional license and a BAC level over .00 is a minimum 3 month license loss. Length of suspension is graduated for increasing BAC levels up to a 12 month minimum immediate suspension for a BAC of over .15.

Possible imprisonment terms ranging from 3 months to 12 months maximum, graduated by BAC level.

Fines follow a similar schedule as with first offense according to BAC level, but amounts and length of license suspension and imprisonment increases for multiple offenses. Range is from $750 to $2,000 ($471.75 to $1,258.00 US).

Length of suspension follows a similar schedule as with first offense, but length is increased for multiple offenses. Range is 6 month minimum to 5+ years.

Length of imprisonment follows a similar schedule as with first offence, but length is increased for multiple offenses Range is from 6 month minimum to 12 months maximum.

Repeat offenders with BAC of .08 to .15 may be sentenced to a 14 hour course for repeat offenders.

Refusing a blood test carries the same penalties as a BAC of over .15.

$1050 ($660.45 US) maximum fine for drivers under 25 and drivers of specified vehicles for BAC level up to .05. Fines increase with BAC level up to a maximum of $2,100 ($1,320.90 US) for a BAC of over .15. (See detail.)

There is an automatic suspension of 24 hours for all BAC levels. Disqualification of license for 3 to 9 months depending on BAC level.

Possible 3 to 9 months imprisonment depending on BAC level.

Maximum $1,500 ($943.50 US) fine for BAC between .05 and .15. Fines increase with BAC level up to a maximum of $2,550 ($1,603.95 US) for BAC of over .15.

3 months to 2 years disqualification of license depending on BAC level and number of offenses.

6 to 18 months imprisonment depending on BAC level and number of offenses.

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.

Fine for learners or probationary drivers with BAC over .00 is a maximum $1,000 ($629.00 US). Fines for other drivers range from $114 to $1,200 ($71.71 to $754.80 US) depending on BAC level and circumstances of adjudication.

Learners or probationary drivers with BAC over .00 receive 6 month disqualification. Other drivers can be disqualified for periods of 6 to 12 months depending on BAC level. Demerit points on the license are also given depending on BAC level. For BAC over .15 (DUI), 3 month maximum gaol

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.

Fines range from $200 to $3,000 ($125.80 to $1,887.00 US) depending on BAC level.

License suspension ranges from 3 to 36 months depending on BAC level.

Prison sentences range from 3 to 12 months depending on BAC level.

Fines range from $400 to $6,000 ( $251.60 to $3,774.00 US) depending on BAC level.

License suspension ranges from 6 to 72 months depending on BAC level.

Prison sentences range from 6 to 24 months depending on BAC level.

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

$1,200 ($754.80 US) maximum fine.

For learners or probationary drivers with BAC over .00, disqualification of license for 6 months maximum, 1 month minimum with extension of probationary period for up to 7 months.

For other drivers with BAC over .05, length of disqualification begins at 6 months and increases with each point of increased BAC.

Police have power to suspend the license on the spot until the case is heard for BAC of .15 or greater.

For culpable DUI, up to 15 years gaol and/or $180,000 ($113,220.00 US) maximum fine plus 2 years minimum disqualification. For DUI liquor or drug, $2500 ($1,572.50 US) maximum fine or 3 months gaol plus 2 years minimum disqualification.

$2,500 ($1,572.50 US) maximum fine.

For all 2nd offenders, police have the power to suspend the license on the spot until the case is heard.

In March 1987, police were given the power to suspend the license on the spot until the case is heard, where a BAC is .15 or more. In June 1991, the power was extended to include all 2nd offenders.

For BAC over .08, fines for multiple offenses range from $600 to $2,500 ($377.40 to $1,572.50 US) depending of the number of offenses.

Period of disqualification for multiple offenses ranges from 6 months to permanent disqualification depending onf the number of offenses.

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 months 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.

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

Austria

Fines increase incrementally according to BAC level. Range of fines is from 3,000 ATS ($240.15 US) for a BAC level of .05 to 80,000 ATS ($6,403.93 US) for a BAC of .16 or greater.

For a BAC level of .08 to .12, the license is suspended for at least 4 weeks. The length of suspension increases with higher BAC levels. Involvement in an accident will also increase the length of the suspension.

If the driver causes an accident involving injuries, the court may order imprisonment. The length of sentence depends upon the seriousness of the injury.

For multiple offenses the amount of the fine is increased. The amount of the increase depends on the seriousness of the offense.

For a BAC of .05 to .08, license is suspended only after repeated offenses. On the second offense, the license is suspended for 3 weeks; after the third offense in one year, the suspension is not less than 4 weeks. For repeated offenses and accident involvement the periods may be considerably longer, depending on the case and the responsible authority.

Novice drivers (during their first two years) have to undergo a compulsory additional course. Community service can be imposed after accidents instead of imprisonment (mainly for younger drivers). For BAC level of .12 to .16 a psychological driver-improvement course for drunk drivers is required. For BAC level over .16 an additional driving test (both medical and psychological) is conducted.

The costs of driver-improvement must be paid from the driver (between 6,600 and 7,400 ATS [$528.32 to $592.36 US])

If the driver refuses a breath-check for alcohol or blood-test a .16 BAC is assumed 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.

Belgium

For the second offense within 3 years, 80,000 to 1,000,000 BEF ($2,184.44 to $27,305.47 US) (fine is doubled for subsequent offense within 3 years.)

Immediate withdrawal of license for 15 days plus possible additional 15 days after judicial decision. Forfeiture for eight days to 5 years for repeat offense within three years.

Possible imprisonment for 1 month to 2 years (penalty is doubled for third offense within three years).

Community service is possible.

Brazil

Information not available

Canada

Set by provincial law.

For a BAC greater than .05, a 24 hour roadside suspension may be given along with a warning. For Criminal Code offenses, 1 year suspension for the first offense.

For the second Criminal Code offense, 3 year suspension of license; for the third offense, 5 year suspension. These may be reduced according to circumstances and with the installation of an ignition interlock device.

Term of license suspension may be shortened with the installation of an ignition interlock device costing $125 ($82.79 US) for installation, and $95 ($62.92 US) per month for service.

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

A 24-hour roadside suspension may be given for BAC greater than .05. Administrative suspension of license for 90 days may be imposed for a BAC over .08. For Criminal Code offenses, license is suspended for 1 year for the first offense.

For second Criminal Code offense within 10 years, a 3 year suspension of license. Third time offenders may receive an indefinite suspension of license.

Vehicle impoundment for 30 days for driving with a suspended license; 60 days for multiple offenders. Use of ignition interlock devices also under review.

A 6-hour roadside suspension can be issued for BAC greater than .05. An administrative suspension of 3 months may be imposed for a BAC greater than .08 or for refusal to allow a test. For Criminal Code offenses, 1 year suspension for first offense (this can be reduced.)

Assessment and treatment required for repeat offenders in order to regain the driver’s license.

Under review: extended the roadside suspension to 12 hours for a BAC over .05. Vehicle impoundment for 30 days for driving with a suspended license; 60 days for multiple offenders.

Fines for an offense under the graduated license (.00 to .08) range from a minimum of $84.00 to a maximum of $1,200 ($55.63 to $794.75 US). For Criminal Code offenses of impaired or refusal, minimum fine is $300 ($198.69 US).

Six months suspension of license for BAC over .08 on first offense. New drivers caught with BAC between .00 and .08 have an automatic one year suspension and are required to recommence the graduated licensing program. For Criminal Code offenses of impaired or refusal, a 3 month court prohibition is concurrent with a 6 month Motor Vehicle Act suspension.

Imprisonment is not usual on first offense.

Assessment and treatment required for repeat offenders in order to regain the driver’s license.

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

For Criminal Code offenses, 1 year suspension for first offense. A 24-hour roadside suspension is possible for a BAC greater than .05.

For Criminal Code offenses, 2 year suspension for second offense in 5 years; 3 year suspension for third offense in 5 years.

Administrative suspensions for multiple roadside suspensions within 2 years:

Third suspension: 2 month suspension and DWI education;

Fourth suspension: 4 month suspension and DWI education.

Five or more: 6 month suspension and assessment and treatment.

Assessment and treatment required for repeat offenders in order to regain the driver’s license.

License plates can be invalidated for driving with a suspended license.

A roadside suspension of 4 to 24 hours is possible with the presence of alcohol. The BAC level is not specified. For first offense under the Criminal Code, license is suspended for 3 months.

For the second Criminal Code offense within 5 years, the license is suspended for 6 months; for the third offense, it is suspended for 1 year.

For Criminal Code offenses, 1 year suspension for first offense.

For Criminal Code offenses, for second offense within 5 years, a 2 year suspension of license; for third offense, a 5 year suspension (this may be reduced.)

Assessment and treatment required for repeat offenders in order to regain the driver’s license.

License plate invalidated for driving with a suspended license.

Fines may range from $300 to $2,000 ($198.69 to $1,324.50 US) provided the offense did not cause bodily harm or injury. For new drivers with BAC over .00, usually a $90 ($59.61 US) fine.

A 12-hour roadside suspension is possible for a BAC over .05. Administrative suspension of license of 90 days possible for BAC over .08 or refusal to be tested. For Criminal Code offenses, 1 year suspension of license. For new drivers with BAC over .00, penalty is a 30 day suspension and $90 ($59.61 US) fine.

Imprisonment is not usual on first offense.

Fines may range from $300 to $2,000 ($198.69 to $1,324.59 US) provided the offense did not cause bodily harm or injury.

For a second Criminal Code offense within 10 years (under the new legislation), license is suspended for 3 years. For a third conviction, offenders are subject to a lifetime suspension that may be reduced to 10 years upon successful completion of remedial training and installation of a vehicle interlock device. For fourth conviction, offender will be suspended for life with no possibility of reinstatement.

Driver convicted of a second offense may be sentenced to a minimum of 14 days. Jail term for third offense is a minimum of 90 days.

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.

Fines are not established by law, but are at the judge’s discretion. For drivers under 19 with BAC greater than .01, fine of $500 ($331.15 US).

A 24-hour roadside suspension may be imposed for BAC over .05. Effective May 1997, a 90 day administrative suspension may be imposed. For drivers under 19 with a BAC greater than .01, a 3 month suspension plus a fine. For Criminal Code offenses, license suspension for first offense is 1 year.

For drivers under 19 with a BAC greater than .01, a 6 month suspension. For Criminal Code offenses, for second offense within 5 years, a 2 year license suspension; for the third offense within 5 years a suspension of 3 years (this can be reduced.)

Assessment and treatment required for repeat offenders in order to regain the driver’s license.

Vehicle impoundment for driving with a suspended license.

Administrative suspension of 2 weeks for first offense with BAC greater than .08. For Criminal Code offenses, license suspension of 1 year for first offense (may be reduced.) For new drivers with BAC greater than .00, penalty is an on the spot suspension of 15 days and 3 months suspension upon conviction.

Administrative suspension of 1 month for BAC greater than .08 on second offense. For Criminal Code offenses, license suspension of 2 years for second offense within 5 years; 3 years for third offense.

Assessment and treatment required for repeat offenders in order to regain the driver’s license.

Effective December 1, 1997, vehicle impoundment for 30 days for driving with a suspended license.

240-hour roadside suspension is possible for BAC greater than .04. For Criminal Code offenses, a 1 year license suspension for the first offense (may be reduced.)

90 day administrative suspension for third offense plus assessment and treatment. For second Criminal Code offense within 5 years, a 3 year suspension of license (may be reduced); a 5 year suspension for the third offense (may be reduced.)

For second offense of BAC greater than .04, the driver may be required to take a DWI course. For the third offense of BAC over .04, the driver must undergo assessment and treatment.

.

A 24-hour roadside suspension is possible for BAC greater than .08. Administrative suspension of license is also possible. For Criminal Code offenses, first offenders receive a 1 year suspension of license.

For second Criminal Code offense within 5 years, a 3 year suspension of license. Third time offenders receive a lifetime suspension of license.

Under review: vehicle impoundment for driving with a suspended license; 30 days for first offense, 60 days for 2nd offense, confiscation for 3rd offense.

Czech Republic

Information not available

Denmark

For BAC level between.05 and .08, fines are imposed. Actual praxis DKK 4000 ($592.98 US). Fines are imposed for higher BAC levels in combination with license suspension. The amount of the fine depends on the character of the infringement.

For BAC level between .08 and .12, conditional disqualification of driver’s license. For BAC level over .12, unconditional disqualification of driver’s license for a period of at least 1 year. For BAC level over .20, unconditional disqualification of driver’s license for a period not less than 2 1/2 years.

For BAC level over .20, detention or imprisonment for not less than 14 days.

Second offense, without aggravating circumstances: For BAC level between .08 and .15, Fine of DKK 500 ($74.12 US) with conditional disqualification of license.

Second offense, without aggravating circumstances: For BAC level between .08 and .15, conditional disqualification of driver’s license in addition to fine. For BAC level between.15 and .20, unconditional disqualification of driver’s license for a period of 5 years and detention or imprisonment of 14 days. For BAC level over .20, unconditional disqualification of driver’s license for a period of 5 years and detention or imprisonment of not less than 20 days.

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.

Finland

The amount of fine is tied to BAC level and also to income level. Minimum fine for BAC of .05 to .075 is 30-40 days (1 day fine is equal to 1/90 monthly salary.) Fines increase with BAC level and are also combined with license suspension and possible imprisonment.

Suspension of license occurs on the first offense for a BAC level of .10 or greater. The length of the suspension is tied to BAC level.

For a BAC level of .12 to .149, a possible 20-50 days imprisonment in addition to fine and license suspension. Sentence may be conditional according to the circumstances. Length of imprisonment increases with BAC level.

Sanctions are not affected by multiple offenses unless there are several within a short time.

Community service is a possible sanction.

France

For BAC level between .05 and .08, a fine of FF 900 $151.13 US) (FF 600 [$100.75 US] if paid within the week) combined with 3 points on the driver’s license.

For a BAC greater than .08, administrative rates for the length of suspension are graduated depending on BAC level. The courts may impose a length of suspension ranging from the lower level of the administrative rate up to revocation depending on the circumstances (accident, injuries, fatalitites).

For BAC greater than .08, a sentence of 8 days to 1 year imprisonment may be imposed depending on the circumstances.

The same graduated scale as for the first offense, but higher amounts in the case of recidivism.

Multiple offenses incur an automatic suspension of license for a periods of 1 to 3 years before being allowed to apply for a new license.

Length of prison sentences follows the same scale as for first offense, but may be longer for recidivists.

Community service may be an alternative to a fine or jail, proposed by the judge. A fine per day, for example a fine of FF 500/day ($83.96 US), could be paid in lieu of jail time.

Mandatory medical treatment may be required.

Germany

A person with a BAC level between .03 and .079 may be deemed incapable of driving if there is additional evidence that alcohol is present (e.g. swerving while driving, ignoring red traffic lights, walking unsteadily.) 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.

Suspension of driver’s license is obligatory in the case of a criminal offense; otherwise driving is prohibited for several months (individually determined by the authorities depending on BAC and other legal offenses.

Maximum 5 years imprisonment in the case of a criminal offense or an equivalent financial penalty.

Greece

Information not available

Ireland

Information not available

Italy

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 ($284.44 to $1,137.75 US) Italian lire, 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.

Withdrawal of driver’s license from 1 to 6 months, if the same driver is guilty of more offenses during 1 year.

Japan

Information not available

Luxembourg

Information not available

Netherlands

For first offenders not involved in a traffic accident, fines are graduated according to BAC level. Fines range from a minimum of f390 for BAC of 54-80 mg/100 ml to 2,200 for BAC of 211-250 mg/100 ml ($194.94 to $1,099.65 US).

Suspension of license for BAC level greater than 131 mg/100 ml. Length of suspension increases with BAC level.

2 week imprisonment may be given for BAC over 211 mg/100 ml. Motorists refusing to take evidential breath test incur a penalty equal to that given for BAC level of 211-250 mg/100 ml.

Against repeat offenders and offenders involved in accidents, a penalty is requested belonging to a BAC category which is one or two categories higher than the actual BAC category.

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 accident, they are not allowed to follow the course, but must undergo a medical examination in order to establish their driving ability. First offenders with a BAC level greater than .21 also must undergo a medical examination.

Recidivists with a BAC level between .08 and .21 promille are obliged to follow a 3-day course at their own expense. If they were involved in a road accident, they are not allowed to follow the course, but must undergo a medical examination in order to establish their driving ability. Multiple recidivists must also undergo a medical examination.

The police are allowed to impose a temporary driving ban on drivers suspected of being under the influence (as a result of the preliminary breath test or otherwise).

Separate penalty guidelines exist for alcohol-impaired cyclists and moped riders, the requested penalties being less severe than for motorists.

New Zealand

For standard drink-drive offence (exceeding .08 percent limit) a fine of up to and including $4,500 ($2,521.00 US). For under 20 year olds exceeding the .03 percent limit, a fine of up to and including $2,250 ($1,210.50 US).

For exceeding the .08 limit, a mandatory disqualification of license of least 6 months. Courts may impose longer as they see fit. For under 20 year olds exceeding .03, a mandatory disqualification of at least 3 months. If the disqualification is less than 6 months, 50 demerit points are applied to their record. The Court may impose a longer period.

For exceeding the .08 limit, the law allows a maximum term of imprisonment of 3 months imposed at the discretion of the Court. For under 20 year olds exceeding the .03 limit, the law allows a maximum term of imprisonment of 3 months imposed at the discretion of the Court.

A new law which will take effect May 1, 1999 allows the Court to impose more severe penalties for the 3rd offense. 3rd offense fine is up to $6,000 ($3,228.00 US).

For 3rd offense, a mandatory disqualification of license of at least 1 year. The Courts may imposed a longer time period.

For 3rd offense, a term of imprisonment of up to and including 2 years may be imposed at the discretion of the Court.

A community-based sentence may be substituted for the fine or imprisonment at the discretion of the Court.

If a driver is convicted of any one of a range of serious traffic offenses (including drink-drive) and then, within a 4 year period, commits another offense on the specified list, the law contains a presumption in favour of confiscation of the vehicle the offender was driving at the time of the offense. Confiscation can only be ordered if the offender is the owner of the vehicle or has financial interest in it. Seizure costs, outstanding fines and any other monies owed on the vehicle are removed from the proceeds of the sale before the remainder (if any) is returned to the owner. The owner may be forbidden to own a vehicle for up to a year. Any vehicle purchased in defiance of this order may be liable for confiscation also.

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 next year 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.

Norway

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

Portugal

Fines are graduated according to BAC level ranging from ESC 20,000 for BAC between .05 and .08 and ESC 200,000 for BAC between .08 and .12 ($109.89 to $1,098.85 US). Fines are combined with license suspension.

Length of suspension is graduated according to BAC level ranging from one month to two years.

Drivers with BAC of 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.

Offenders who pay the fine voluntarily always pay the minimum amount and receive the minimum additional penalty. If the fine is not paid volunarily by the time limit laid down by law, the amount payable and the duration of the associated ban on driving may be increased up to the maximum laid down, taking into account the circumstances of the offense, the BAC level and the offender’s past record.

Russia

Information not available

Spain

Fine of 50,000 to 100,000 pesetas ($331.00 to $662.00 US);

License suspension of 3 months on first offense.

200 to 50,000 pesetas/day ($1.32 to $331.00 US);

License suspension for 1-4 years;

Imprisonment only if the driver does pay the fine.

Sweden

For first offense with no aggravating circumstances, fines are imposed. For a BAC level between .02 and .10, the amount of the fine is determined by income level as well as BAC level and the circumstances.

For BAC level between .03 and .10, licenses may be revoked for 2 to 12 months depending on the circumstances and the BAC level. Above .10, a minimum 12 months and a maximum 36 months loss of license.

If BAC level is greater than .10, imprisonment for 1 to 2 months. A drunk driver who causes an accident involving a fatality can be imprisoned up to 6 years.

Fines are usually not applicable for repeat offenders. Heavy fines if applied.

License suspension for repeat offenders: Below .10 BAC, close to 12 months; and above .10, well above 12 months.

The driver may be imprisoned in a facility designed especially for drunken drivers, and may be required to undergo a treatment program for alcohol dependency. Recently, more and more drunk drivers are given formal prison sentences but serve them at home under electronic surveillance.

Switzerland

Information not available

United Kingdom

Fine of up to 5,000 pounds ($8,005.00 US). The average is 300 pounds ($480.30 US).

Suspension of license is possible, though rare for first offense.

Imprisonment for up to 6 months is possible, though rare for first offense.

Fines are the same as for first offense: up to 5,000 pounds; average is 300 pounds.

3 years minimum license suspension if there has been a previous drink/drive offence within 10 years of the latest.

Possible imprisonment for up to 6 months.

Vehicle forfeiture is possible for repeat offenders, though rarely used.

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.

United States

Varies from State to State. All include fines and license penalties. Some include jail or other penalties such as vehicle impoundment or community service.

Varies from State to State. Increases in severity over first offense.

Penalties usually based on number of offenses, not on arrest BAC.

Country

Rehabilitation Programs

System for Regranting Licenses

Australia

No legislation, but court may order attendance at course

Not known

Information not available

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.

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

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

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 known

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 known

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

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.)

No requirement for rehabilitation program

Not known

Austria

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 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 or she will loose the driving license.

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

Belgium

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

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

Brazil

Information not available

Canada

First offenders must take an alcohol information course (fee $90 [$56.60 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)

Not known

Reinstatement fee of $100 ($66.23 US)

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 ($26.49 US).

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.

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).

Not required

Not known

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)

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 US)

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)

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)

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

Not known

First offenders must attend an education course (fee $35 [$23.18 US]). With second conviction, the offender receives an indefinite suspension and must apply to Driver Control Board (DBC) for reinstatement.

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

Czech Republic

Information not available

Denmark

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 or she has followed a special treatment, but he or she still has to pass the test.

Finland

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

France

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 accidents 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:

Germany

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.

Greece

Information not available

Ireland

Information not available

Italy

Information not available

Japan

Information not available

Luxembourg

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.

Netherlands

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 accident, 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 an accident) the person must undergo a medical examination.

New Zealand

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.

Norway

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 known.

Portugal

Information not available

Russia

Information not available

Spain

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

Not known.

Sweden

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 or 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.

Switzerland

Information not available

United Kingdom

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.

United States

Required in most States. Characteristics of programs vary.