DUI!
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The specific criminal offense may be called, depending on the jurisdiction, driving while intoxicated (DWI), driving while impaired (also DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence of alcohol or other drugs (DUI), driving under the combined influence of alcohol and/or other drugs or drunk in charge of a vehicle. Such laws may also apply to boating, or piloting aircraft.
Historically, guilt was established by subjective tests of the driver's impairment, such as difficulty reciting the alphabet or walking a straight line, together with the arresting officer's subjective opinion. Starting with the introduction in Norway in 1936 of the world's first per se law which made it an offense to drive with more than a specified amount of alcohol in the body, objective chemical tests have gradually supplemented the earlier purely judgmental ones.
Today's statutes commonly provide for two separate and distinct criminal offenses. The first is the traditional "drunk driving" offense, consisting of driving under the influence of alcohol and/or drugs. Evidence to support this crime generally comes from the officer's observations (erratic driving, slurred speech, unsteady gait, etc.), performance on field sobriety tests, and a legal (and generally rebuttable) presumption of intoxication from a blood alcohol test result over the legal limit. The second offense is the more recent so-called "per se" offense: rather than focusing on impairment the crime consists entirely of having a given blood alcohol content (BAC) at the time of driving, regardless of the individual's tolerance to alcohol. Both offenses may be charged, and the defendant may be convicted of both; if a blood alcohol test result was not obtained, only the traditional "DUI" offense will be charged.
BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. It does not depend on any units of measurement. In Europe it is usually expressed as milligrams of alcohol per 100 millilitres of blood. However, 100 milliliters of blood weighs essentially the same as 100 milliliters of water, which weighs precisely 100 grams. Thus, for all practical purposes, this is the same as the simple dimensionless BAC measured as a percent. Since 2002 it has been illegal in all 50 US states to drive with a BAC that is 0.08% or higher.
Driving while consuming alcohol is generally illegal, though driving after drinking remains legal. In some jurisdictions it is also illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment.
DUI United States
All 50 states now have two statutory offenses. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI) or operating while intoxicated/impaired (OWI). The second and more recent is the so-called illegal per se offense of driving with a blood-alcohol concentration (BAC) of 0.08% or higher. The first offense requires proof of intoxication, although evidence of BAC is admissible as rebuttably presumptive evidence of that intoxication; the second requires only proof of BAC at the time of driving. An accused may be convicted of both offenses, but may only be punished for one.It is also a criminal offense in all states to drive a vehicle while under the influence of drugs (DUID), or under the combined influence of alcohol and drugs; the drugs themselves need not be illegal, but can be prescription or even over-the-counter. This offense requires evidence of impairment as a result of the drugs or drugs and alcohol, although some states have passed laws making driving with the mere presence of certain drugs a criminal offense.
Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to drivers under the age of 21. In all states, it is a criminal offense for drivers under the age of 21 to drive with a BAC of .01% (in some states, .02%).
The blood-alcohol limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05%, depending upon the jurisdiction.
The various versions of "driving under the influence" generally constitute a misdemeanor (punishable by up to one year in jail) . However, the offense may be elevated to a felony (punishable by a longer term in state prison if the incident caused serious injury (felony DUI) or death (vehicular manslaughter or vehicular homicide), or if the defendant has a designated number of prior DUI convictions within a given time period (commonly, 3 prior convictions within 7 years). California, which is being followed by a growing number of states, now charges second-degree Murder where the legal state of mind of malice exists -- that is, where the defendant exhibited a grossly reckless indifference to the lives of others.
A severe punishment for drunk driving is already under way in the state of Ohio for DUI offenders convicted of aggravated vehicular homicide to qualify for capital punishment. The new laws are a result of groups of friends and family of drunk driving victims engaging in active campaigns to get the same justice as victims of other forms of Murder. The logic of these laws is that drunk driving is premeditated, and because aggravated vehicular homicide is a felony in both states, the act of killing someone in the commission of such a crime qualifies for a charge of felony Murder in the first degree. However, it is unlikely that anyone would be executed due to constitutional issues regarding the Eighth Amendment. This penalty is in addition to the regular DUI and court charges.
Penalties for driving under the influence commonly include incarceration, fines, driver's license suspension or revocation, mandatory attendance at DUI schools, community service, probation and, increasingly, installation of a breath alcohol ignition interlock device.
DUI Canada
Driving under the influence of alcohol is a generic term for a series of offences under the Canadian Criminal Code. The main offences are operating a motor vehicle while the ability to do so is impaired by alcohol or a drug, contrary to section 253(a) of the Canadian Criminal Code, and operating a motor vehicle while having a blood alcohol concentration of greater than 80 milligrams of alcohol in 100 millilitres of blood, contrary to section 253(b) of the Criminal Code.The offences are usually investigated by the police coming across a driver with either an erratic driving pattern or who has been pulled over. The police make a demand that the driver give a sample of his breath into an approved screening device, which will determine the driver's blood-alcohol concentration on a preliminary, non-evidentiary basis. If the police believe on reasonable and probable grounds that the driver is committing an offence under section 253 of the Criminal Code, the police can demand that the driver go to the police station to give samples of his breath for an approved instrument test, which would be used to prosecute the driver.
The punishments for impaired driving or driving over 80 are:
For the first offence: $600 fine, 1-year driving prohibition; or jail time
For the second offence: 14 days jail, 2-year driving prohibition; and time in jail
For the third or subsequent offence: 90 days jail, 3-year driving prohibition.
On Dec 15, 2005, Charly Hart of Watford, Ontario, a man with a 35-year history of impaired driving which included thirty-nine convictions, was on the occasion of his latest such conviction sentenced to six years in prison, the most severe penalty ever handed down in Canada when the offence did not involve a fatality, and the maximum sentence permitted under the law.
DUI Australia
Road laws are state based, but all states have set the maximum BAC at 0.05%.Australian Capital Territory 0.02% for "professional" drivers (taxi, bus, dangerous goods vehicles, heavy vehicles over 4.5 tonnes, Commonwealth vehicles) and learner and P-plate drivers
0.05% for experienced drivers (that is drivers over 18 years of age who have been driving for more than 3 years and are not classed as "professional" drivers)
DUI New South Wales
Zero for Learner and Provisional licences and 0.02% for Drivers of vehicles of "gross vehicle mass" greater than 13.9 tonnes, vehicles carrying dangerous goods or public vehicles such as a taxi or bus. 0.05% for all other drivers.DUI Northern Territory
Zero for provisional (probationary) licence holders.0.05% for all other drivers.
DUI Queensland
A Zero limit applies to the drivers of trucks, buses, articulated vehicles, vehicles carrying dangerous goods, pilot vehicles,taxis, all learner drivers and provisional drivers under 25 years of age.0.05% for other drivers.
DUI South Australia
Zero limit for learner, provisional, probationary, heavy (greater than 15 tonne) vehicle, taxis, licensed chauffeured vehicles, dangerous goods, and bus licences.0.05% for all other drivers.
Zero limit for methamphetamine, Cannabis and MDMA.
DUI Tasmania
Zero limit for learner, provisional, truck, bus, and taxi licences.0.05% for all other drivers.
DUI Victoria
Zero limit applies for unlicensed drivers, holders of learner permits and probationary licences, "professional" drivers, and certain relicensed drink-drivers.Below 0.05% for most other drivers.
Zero limit for methamphetamine, Cannabis and MDMA.
DUI Western Australia
0.02% for provisional (probationary) licence holders.0.05% for all other drivers.
In Australia, there are laws that allow for a police officer to stop any driver and perform a random breath test without reason.
There are also other restrictions for Victorian drivers:
Licences cancelled for certain serious drink-driving offences may only be reissued after obtaining a court order. In such cases, the relicensed driver is subject to a zero limit for 3 years following relicensing, or for as long as the person is required to use an alcohol interlock.
Alcohol interlocks are required whenever a repeat drink-driver is relicensed.
A court may impose an alcohol interlock when relicensing a first offender in certain serious cases, generally when the offence involves a BAC of 0.15% or higher.
If a doctor sees any patient who is aged 15 years or over as a result of a motor vehicle accident, the patient must allow the doctor to take a blood sample for testing for alcohol and drug content in a way that preserves the chain of evidence. The results can be used as evidence in subsequent court proceedings.
DUI Europe
Albania: 0.1 mg/mlAustria: 0.05% and 0.01% for drivers who have held a licence for less than 2 years and drivers of vehicles over 7.5 tonnes
Belarus: 0.5 mg/ml
Belgium: 0.5 mg/ml
Bosnia-Herzegovina: 0.05%
Bulgaria: 0.05%
Croatia: Zero
Czech Republic: Zero
Denmark: 0.05%
Estonia: 0.2 mg/ml
France: 0.5 mg/ml
Finland: 0.5 mg/ml, 0.12% (aggravated)
Germany: 0.5 mg/ml and zero for drivers conducting commercial transportation of passengers; 0.11% (aggravated)
Gibraltar: 0.05 ml
Greece: 0.5 mg/ml and 0.02% for drivers who have held a license for less than 2 years and bus drivers
Hungary: Zero
Iceland: 0.5 mg/ml
Ireland: 0.8 mg/ml
Italy: 0.5 mg/ml
Latvia: 0.02% for drivers with less than 2 years' experience and 0.05% for those with more than 2 years' experience
Liechtenstein: 0.08%
Lithuania: 0.4 mg/ml
Luxembourg: 0.8 mg/ml
Malta: 0.8 mg/ml
Netherlands: 0.5 mg/ml, 0.02% for drivers with less than 5 years' experience Norway: 0.2 mg/ml
Poland: 0.2 mg/ml
Portugal: 0.5 mg/ml
Republic of Moldova: 0.3 mg/ml
Romania: Zero
Russia: 0.2-0.5 mg/ml
Slovakia: Zero
Slovenia: 0.00% for drivers with 2 years or less experience and professional drivers, 0.05% for all others.
Spain: 0.05% and 0.03% for drivers with less than 2 years experience and drivers of freight vehicles over 3.5 tonnes,
and of passenger vehicles with more than 9 seats.
Sweden: 0.02% (up to 6 months imprisonment), 0.10% (up to 2 years imprisonment)
Switzerland: 0.5 mg/ml
Turkey: 0.5 mg/ml
Ukraine: Zero
United Kingdom: 0.8 mg/ml
Note: "Zero" usually means "below detection limit".
Turkey's 0.05% limit only applies to passenger-less compact vehicles; for all others it's 0.00%. In Germany the 0.05% limit is effective unless you're arrested for another traffic offence, in which case it crops to 0.03%
You should be aware that 0.05% is the equivalent of one small beer, and that in many parts of Europe police don't need probable cause to stop and breathalyze you; they're permitted to make random stops.
Conviction brings at the very least a large fine. You can be sentenced to jail for six months in the U.K. and Ireland, and in France anywhere from two months to two years. In all cases your license will be suspended and you'll be banned from driving in the country in which you were convicted. However, at least for U.K. residents, that suspension abroad does not stop you continuing to drive at home.
DUI Americas
Argentina: 0.05%Belize: 0.08%
Bolivia: 0.07%
Brazil: 0.06%
Canada: 0.08%
Chile: 0.049%
Colombia: 0.04%
Costa Rica: 0.049%
Cuba: Zero
Dominican Republic: No Limit (0.05% for professional drivers)
Ecuador: 0.07%
El Salvador: 0.05%
Guatemala: 0.08%
Guyana: 0.01%
Honduras: 0.07%
Jamaica: 0.035%
Mexico: 0.08%
Nicaragua: 0.08%
Panama: Zero
Paraguay: 0.08%
Peru: 0.045%
Suriname: 0.08%
United States: 0.08% (see above)
Uruguay: 0.08%
Venezuela: 0.05%
DUI Africa
Algeria: 0.01%Benin: 0.05%
Cape Verde: 0.08%
Central African Republic: 0.08%
Comoros: No Limit
Congo: No Limit
Equatorial Guinea: Zero Eritrea: Zero
Ethiopia: No Limit
The Gambia: Zero
Ghana: 0.08%
Guinea: Zero
Guinea-Bissau: 0.05%
Kenya: 0.08%
Malawi: Zero
Mauritius: 0.05%
Namibia: 0.05%
Niger: 0.08%
Nigeria: Zero
Seychelles: 0.08%
South Africa: 0.05% and 0.02% for professional drivers (trucks over 3.5 tonnes, and vehicles carrying passengers for reward) National Road Traffic Act, 1996
Togo: No Limit
Uganda: 0.08%
Tanzania: 0.05%
Zambia: 0.08%
DUI Caucasus
Armenia: ZeroAzerbaijan: Zero
Georgia: 0.03%
DUI Middle East
Iran: Zero, as drinking alcohol is illegal in Iran.Israel: 0.05%
Jordan: Zero
Kuwait: Zero, as drinking alcohol is illegal in Kuwait.
Saudi Arabia: Zero, as drinking alcohol is illegal in Saudi Arabia.
DUI East Asia
China: Varies, as "Drinking and driving" and "driving while intoxicated" carry different penalties.Japan: 0.03%
Republic of Korea: 0.052%
DUI Western Pacific
Australia: Zero for L-plate (learner licence) and P-plate (provisional licence) drivers, 0.05% for full licenceFrench Polynesia: 0.05%
Micronesia: 0.05%
New Zealand has a limit of 0.08% for drivers over 20 years, 0.03% for those under. LTSA website Palau: 0.01%
DUI Central Asia
Kyrgyzstan: 0.05%Mongolia: 0.02%
Turkmenistan: 0.033%
DUI South Asia
Pakistan: Zero, as drinking alcohol is illegal.India: 30 mg/dL.
Nepal: Zero
Sri Lanka: 0.06%
DUI South-East Asia
Cambodia: 0.05%Laos: No Limit
Malaysia: 0.08%
Philippines: 0.05%
Singapore: 0.08%
Thailand: 0.05%
DUI Philosophical perspectives
An overview of the philosophical approach to DUI, especially with respect to ethical and pedagogical concerns, is James B. Gould's "A Sobering Topic: Discussing Drunk Driving in Introductory Ethics" in 'Teaching Philosophy' 21:4 (December 1998), 339-360.Gould's central point is that drunk-driving offers an ethical case that, for most people, is clear-cut in the fundamentals, familiar from everyday life, and extraordinarily complicated in the details. In other words, it's ideal for philosophical analysis at the introductory level.
He cites the few articles by academic philosophers that he could find:
Douglas N. Husak, "Is Drunk Driving a Serious Offense?" 'Philosophy and Public Affairs' 23 (1994).
Bonnie Steinbock, "Drunk Driving." 'Philosophy and Public Affairs' 14 (1985).
James D. Stuart, "Deterrence, Desert and Drunk Driving," 'Public Affairs Quarterly' 3 (1989).
A current (as of late 2006) television advertisement by Safer Scotland, an agency of the Scottish Executive, offers a cautionary tale of the consequences liable to occur from drink driving.
The advert features a young man who has been driving after having taken an alcoholic beverage, and in the first of three scenes he is seen with his son who says, "You took that drink, didn't you Dad? Now who's going to take me to school?"; the possible implication being that as the man cannot now do the 'school run' with his son, he may be in danger of abduction. This is just the start of the family's problems.
In the second scene, the man's wife is with him at the police station. He is breathalysed, and the test confirms he is over the legal limit. His wife, who is pregnant with a new child, asks, "What are we going to do when you lose your licence?" He takes her hand but she withdraws it, and scowls at him.
This scene suggests hardship to come, especially with another 'mouth to feed', and the man almost certain to lose his job (it has to be assumed that his job requires a driving licence). It also suggests a possible relationship breakdown. For all the above reasons, the scene suggests a bad start in life for the baby.
In the third and final scene, the man's boss meets with him. The boss says, "So you're banned from driving? We've got to sack you, son!"
The advert is intended to warn that the consequences of drink driving do not end with being arrested.
