Appendix B:

Drinking and Driving Laws

Australia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Per Capita Consumption (in litres of absolute alcohol):

7.6 (1994/5)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

See State detail.

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

See State detail.

How long has the present BAC limit been in effect?

See State detail.

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

Yes

Sanctions

See State detail.

Rehabilitation and Regranting of Licenses

See State detail.

Enforcement

See State detail

 

Drinking and Driving Laws
by State or Province

Australian Capitol Territory

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

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

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

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

How long has the present BAC limit been in effect?

Since January 1, 1991

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

For first offense:

For BAC of .02 to .05, fined up to 5 penalty units, 3 month maximum suspension of license.

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 multiple offenses:

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.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

No legislation, but court may order attendance at course

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. Introduced December 1982.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

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

 

Under what circumstances is it compulsory for a driver to submit to testing?

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

Number of random tests conducted annually, if known:

Not known.

 

Drinking and Driving Laws
by State or Province

New South Wales

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.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).

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

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

How long has the present BAC limit been in effect?

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

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

For first offense:

For BAC of .02 to .05 for under 25 or professional drivers, $550 ($345.95 US) maximum fine plus automatic 3 month disqualification.

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 multiple offenses:

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.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not known.

What is the process for regranting drivers licenses that have been suspended or revoked?

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.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. Introduced 12/17/82.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

Mandatory.

 

Under what circumstances is it compulsory for a driver to submit to testing?

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

Notes on the level of enforcement of Impaired Driving Laws:

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.

Number of random tests conducted annually, if known:

59 per 100 drivers annually

 

Drinking and Driving Laws
by State or Province

Northern Territory

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

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

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

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

How long has the present BAC limit been in effect?

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

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

For first offense:

For BAC over .00 and driver who is under 18, or has a learner or provisional license, or unlicensed a fine of $500 ($314.50 US), 3 month maximum gaol with 3 month minimum license loss.

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 multiple offenses:

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.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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

What is the process for regranting drivers licenses that have been suspended or revoked?

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

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. Introduced February 1980.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

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

Number of random tests conducted annually, if known:

Not known.

 

Drinking and Driving Laws
by State or Province

Queensland

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

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

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

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

How long has the present BAC limit been in effect?

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

Other comments on BAC provisions of the law:

Immediate 24 hour license suspension for all BAC offenses.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

For first offense:

For a BAC up to .05 in learners and probationary drivers under 25, unlicensed drivers, and drivers of heavy vehicles, public transport, dangerous goods, fine for first offense is $1,050 ($660.45 US) maximum or 3 month gaol with 3 to 9 months disqualification.

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 multiple offenses:

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.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

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

Notes on the level of enforcement of Impaired Driving Laws:

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.

Number of random tests conducted annually, if known:

760,000 (1994-95)

 

Drinking and Driving Laws
by State or Province

South Australia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.02 for drivers up to 19 years.

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

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

How long has the present BAC limit been in effect?

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

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

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 multiple offenses:

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.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. In 1995, in South Australia, there were 220,001 RBTs conducted for 965,000 licenses. In 1997, SA doubled the number of breath tests carried out to more than 600,000.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

Not known.

Number of random tests conducted annually, if known:

600,000 in 1997

 

Drinking and Driving Laws
by State or Province

Tasmania

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

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

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

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

How long has the present BAC limit been in effect?

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

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

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

(Note, each penalty unit equals $100)

 

For multiple offenses:

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

(Note, each penalty unit equals $100)

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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

What is the process for regranting drivers licenses that have been suspended or revoked?

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

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. The number of random breath tests in Tasmania has increased in recent years to approximately 83 per 100 drivers in 1997.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash.

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

No legislation on compulsory testing.

Number of random tests conducted annually, if known:

Approximately 83 per 100 drivers in 1997

 

Drinking and Driving Laws
by State or Province

Victoria

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

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

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

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

How long has the present BAC limit been in effect?

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.

Other comments on BAC provisions of the law:

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.)

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

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 multiple offenses:

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 and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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.

What is the process for regranting drivers licenses that have been suspended or revoked?

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.)

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. With about 2.9 million drivers, Victoria now conducts over 2.4 million tests annually, giving a test:driver ratio of .83.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

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.

Number of random tests conducted annually, if known:

2.4 million annually

 

Drinking and Driving Laws
by State or Province

Western Australia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.02 for probationary drivers for 12 months

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

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.

How long has the present BAC limit been in effect?

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

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Note on sanctions: 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.

 

Details on Sanctions:

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 multiple offenses:

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.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

No requirement for rehabilitation program.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently. The number of random breath tests in Western Australia increased from 52 per 100 drivers in 1994-95 to 85 per 100 in 1995-96.

Testing only if suspicion of intoxication

 

Testing only on arrest or commission of a traffic violation

 

Testing when driver is involved in a crash

 

 

Under what circumstances is it compulsory for a driver to submit to testing?

No legislation on compulsory breath testing.

Number of random tests conducted annually, if known:

Approximately 85 per 100 drivers in 1995-96

 

 

Drinking and Driving Laws

Austria

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

17 (Category B: automobile)

Is there a system of graduated licensing for new drivers?

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.

 

Details of graduated licensing program:

The candidate must

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.

Category B (under probation for two years)

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.

Alcohol Purchase and Consumption

What is the minimum drinking age?

16

What is the minimum purchase age for alcoholic beverages?

16 for beer and wine; 18 for all

Per Capita Consumption (in litres of absolute alcohol):

9.8 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05 or .25 mg/l in breath

What is the BAC limit for younger drivers, if different?

.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.

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

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

How long has the present BAC limit been in effect?

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

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Other comments on BAC provisions of the law:

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.

 

Effects of .05:

Recession of fatalities in cases of drunk driving:

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%.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

 

Details on Sanctions:

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.

 

Additional amounts added for multiple offenses:

-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:

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.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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.

What is the process for regranting drivers licenses that have been suspended or revoked?

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.

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used occasionally. Since 1988 the Austrian traffic police has been supplied with breathalyzers. The results of the testing have the same witness at court as a blood sample. Concerted action at certain times in certain regions: depends on the wanted offense for the action- in case of drunk driving enforcement, as many cars as possible are stopped and the driver’s breath alcohol concentration will be checked.

Testing only if suspicion of intoxication

Used frequently. Until 1994 the police could carry out breath testing only in case of reasonable suspicion of intoxication. Now they can carry out breath testing in every case without reasonable excuse. The driver has to undergo the test.

Testing only on arrest or commission of a traffic violation

Used occasionally.

Testing when driver is involved in a crash

Used frequently. Used always if people get injured, because the drivers will be ordered to court. If cars are little damaged and it’s possible for the drivers to remove the cars from the street, it’s not necessary to call the police. If the police come to the crash site because the damaged cars impede traffic, they use breath testing occasionally (in case of suspicion). There is no law which demands breath testing. Mostly the police check breath alcohol content (AC) in case of suspicion of intoxication independent from the reason for stopping the car (traffic control, traffic violation, crash, etc.) Most times breath testing is used. If the driver is injured and comes to hospital, a blood test is used.

 

Under what circumstances is it compulsory for a driver to submit to testing?

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.

Notes on the level of enforcement of Impaired Driving Laws:

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.

Number of random tests conducted annually, if known:

Approximately 94,973

 

Drinking and Driving Laws

Belgium

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

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.

Alcohol Purchase and Consumption

What is the minimum drinking age?

15

What is the minimum purchase age for alcoholic beverages?

No limit

Per Capita Consumption (in litres of absolute alcohol):

9.1 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05 or .22 mg/liter of breath

What is the BAC limit for younger drivers, if different?

No difference.

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

No difference.

How long has the present BAC limit been in effect?

Since December 1, 1994

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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

What is the process for regranting drivers licenses that have been suspended or revoked?

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

Enforcement

Enforcement Technique

Comments

Random breath testing (or similar enforcement technique)

Used frequently.

Testing only if suspicion of intoxication

Used frequently.

Testing only on arrest or commission of a traffic violation

Used frequently. Breath testing is given, but a blood test is taken if the result of the breath test is a minimum 0.22 mg/l, or when the breath analysis can not be executed or when the driver is apparently in an intoxicated state (due to either alcohol or drugs).

Testing when driver is involved in a crash

Used frequently. Breath testing and blood testing in the circumstances mentioned in the previous answer.

 

Under what circumstances is it compulsory for a driver to submit to testing?

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.

Notes on the level of enforcement of Impaired Driving Laws:

Enforcement is high.

Number of random tests conducted annually, if known:

234,964 for the police only

 

 

Drinking and Driving Laws

Canada

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

Set by provincial law.

Is there a system of graduated licensing for new drivers?

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

Alcohol Purchase and Consumption

What is the minimum drinking age?

19 in Alberta & Quebec, 18 in all others

What is the minimum purchase age for alcoholic beverages?

Set by provincial law

Per Capita Consumption (in litres of absolute alcohol):

6.2

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

See details by Province.

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

See details by Province.

How long has the present BAC limit been in effect?

See details by Province

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

Yes

Sanctions

See details by Province.

Rehabilitation and Regranting of Licenses

See details by Province.

Enforcement

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.

 

Under what circumstances it is compulsory for a driver to submit to testing?

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.

 

Drinking and Driving Laws
by State or Province

Alberta

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

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.

Alcohol Purchase and Consumption

What is the minimum drinking age?

19

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

No difference.

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

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

What are the sanctions for multiple offenses?

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

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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]).

What is the process for regranting drivers licenses that have been suspended or revoked?

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

 

Drinking and Driving Laws
by State or Province

British Columbia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

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.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

.00 for learner or novice drivers.

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

No difference.

Other comments on BAC provisions of the law:

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

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not known.

What is the process for regranting drivers licenses that have been suspended or revoked?

Reinstatement fee of $100 ($66.23 US).

 

Drinking and Driving Laws
by State or Province

Manitoba

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

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.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

No difference, but under review.

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

No difference.

Other comments on BAC provisions of the law:

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

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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

What is the process for regranting drivers licenses that have been suspended or revoked?

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

 

 

Drinking and Driving Laws
by State or Province

New Brunswick

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18 (16, instructional permit with parental consent)

Is there a system of graduated licensing for new drivers?

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.

 

Details of graduated licensing program:

Stage 1:

 

Stage 2:

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

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

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

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

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

 

Details on Sanctions:

For BAC over .08:

6 months suspension for first offense; 1 year suspension for any subsequent offenses.

 

For Criminal Code offenses of impaired or refusal:

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.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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

What is the process for regranting drivers licenses that have been suspended or revoked?

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.

 

 

Drinking and Driving Laws
by State or Province

Newfoundland

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

17 (16 for learner’s stage)

Is there a system of graduated licensing for new drivers?

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.

 

Details of graduated licensing program:

Learner’s Stage

 

Newly Licensed Driver Stage

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

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

What is the BAC limit for younger drivers, if different?

No difference.

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

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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.

What is the process for regranting drivers licenses that have been suspended or revoked?

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).

 

Drinking and Driving Laws
by State or Province

Northwest Territories

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

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

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

No difference.

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

No difference.

Other comments on BAC provisions of the law:

Lower BAC limits for younger drivers under review.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not required.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

 

Drinking and Driving Laws
by State or Province

Nova Scotia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

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.

 

Details of graduated licensing program:

Learner’s Stage

 

Newly Licensed Stage

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

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

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

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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]).

What is the process for regranting drivers licenses that have been suspended or revoked?

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

 

 

Drinking and Driving Laws
by State or Province

Ontario

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

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.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

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

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

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

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.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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

What is the process for regranting drivers licenses that have been suspended or revoked?

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

 

 

Drinking and Driving Laws
by State or Province

Prince Edward Island

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

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.

 

Details of graduated licensing program:

Learner’s Stage

 

Newly Licensed Driver Stage

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

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

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

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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

What is the process for regranting drivers licenses that have been suspended or revoked?

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

 

 

Drinking and Driving Laws
by State or Province

Quebec

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

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.)

Alcohol Purchase and Consumption

What is the minimum drinking age?

19

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

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.

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

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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

What is the process for regranting drivers licenses that have been suspended or revoked?

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

 

Drinking and Driving Laws
by State or Province

Saskatchewan

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

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

Is there a system of graduated licensing for new drivers?

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.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

BAC limit of .04.

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

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

 

Drinking and Driving Laws
by State or Province

Yukon

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

16

Is there a system of graduated licensing for new drivers?

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

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.08

What is the BAC limit for younger drivers, if different?

No difference.

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

No difference.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

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.

What is the process for regranting drivers licenses that have been suspended or revoked?

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.

 

 

Drinking and Driving Laws

Denmark

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

No graduated licensing.

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Per Capita Consumption (in litres of absolute alcohol):

10.0 (1995)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

No difference.

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

No difference.

How long has the present BAC limit been in effect?

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

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

No

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

 

What are the sanctions for multiple offenses?

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.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Offered but not required.

What is the process for regranting drivers licenses that have been suspended or revoked?

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.