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{{Short description|none}} <!-- "none" is preferred when the title is sufficiently descriptive; see ] -->
{{refimprove|date=August 2012}}
{{Use dmy dates|date=September 2018}}
The laws of ] vary between countries. One difference is the acceptable limit of ] before a person is charged with a crime.
The laws of ] vary between countries. One difference is the acceptable limit of ] before a person is charged with a crime. Thresholds range from the ] (zero-tolerance) to 0.08%. Some countries have no limits or laws on blood alcohol content.
{{TOC limit|3}}


Despite drinking ] being allowed in countries such as Bahrain, the legal BAC for driving is 0.
==Asia==


{{TOC limit|3}}
===Central Asia===
==Countries without legal limit==
*]: 0.05%<ref name="apps.who.int Legal BAC limits by country">{{Citation|url= http://apps.who.int/gho/data/view.main.54600|title =Legal BAC limits by country|work =Legal BAC limits-data by country|publisher =apps.who.int|accessdate =21 February 2015|ref =none}}</ref>
According to ] data from 2018, the following countries had no legal limit for drinking and driving:
*]: 0.05%<ref name="apps.who.int Legal BAC limits by country" />
Antigua and Barbuda, Barbados, Burundi, Comoros, Egypt, Gambia, Grenada, Guatemala, Guinea-Bissau, Indonesia, Liberia, Marshall Islands, Niger, Saint Vincent and the Grenadines, Sao Tome and Principe, Senegal, Sierra Leone, South Sudan, Syrian Arab Republic and Togo.<ref name="who">{{Cite web |last=WHO |date=2018 |title=Legal BAC limits - by country |url=https://apps.who.int/gho/data/view.main.54600 |access-date=2024-05-05 |website=WHO}}</ref>
*]: 0.033%<ref name="apps.who.int Legal BAC limits by country" />


==Countries with total bans for all people==
===East Asia===
According to WHO data from 2018, the following countries had total bans of alcohol for all types of drivers (Young/novice drivers, commercial drivers): Afghanistan, Maldives, Mauritania, Saudi Arabia, Somalia, Sudan, Yemen.<ref name="who" />
*]: 0.02% (]{{thinsp}}200–500 fine, 1–17 months licence suspension); 0.78% (up to 15 days prison, 3 years licence suspension, {{CN yuan}}{{thinsp}}500-2000 fine) {{citation needed|date=June 2014}}
Beginning May 1, 2011, Chinese law now mandates a penal detention up to 6 months for any person convicted of drunken driving.
:(In China, penal detention is a criminal punishment similar to, but less severe than, imprisonment.) {{citation needed|date=August 2012}}
*]: 0.05% or BrAC 0.22&nbsp;mg/L or urine 0.067%. Driving under the influence of alcohol beyond legal limit is punishable with a monetary fine and up to three years imprisonment, with 10 driving-offense points and mandatory Driving Improvement Course.<ref>{{cite web|url=http://www.legislation.gov.hk/blis_pdf.nsf/6799165D2FEE3FA94825755E0033E532/0F3C05FB856FD674482575EE0076F32C/$FILE/CAP_374_e_b5.pdf|title=Road Traffic Ordinance Cap. 374}}</ref>
*]: BrAC 0.15&nbsp;mg/L (equivalent to 0.03%). Additionally, regardless of alcohol readings, police may also determine the driver to be "driving drunk," which is punished more severely than exceeding the designated alcohol limits.<ref>{{cite web|url=http://www.keishicho.metro.tokyo.jp/kotu/insyu/insyu_bassoku.htm|script-title=ja:飲酒運転の罰則等|language=Japanese|publisher=Metropolitan Police Department|accessdate=15 July 2013}}</ref>
*]: 0.05% <ref>{{cite web|url=http://www.usfk.mil/usfk/sofa.the.sofa.and.you.360?AspxAutoDetectCookieSupport=1|title=The SOFA and You|publisher=USFK|accessdate=13 November 2014}}</ref>
*]: 0.05% (BrAC 0.15&nbsp;mg/L). Over 0.05% but under 0.11%: TWD 15,000 to 90,000 fine, and license suspension for 1 year. {{citation needed|date=August 2012}} 0.11% and above: license suspension for 1 year, and charge of offences against public safety with possible prison sentence up to 2 years as the maximum penalty. If the driver is convicted of causing accidents, the penalty shall be increased by half. {{citation needed|date=August 2012}} If the driver causes serious injuries or death, the license will be suspended for life or even face the death penalty.

===South Asia===
*]: Zero<ref name="apps.who.int Legal BAC limits by country" />
*]: 0.03%. This is according to section 185 of Motor Vehicles Act 1988. On a first offence, the punishment is imprisonment of 6 months and/or fine of 2000 Indian Rupees (INR). If the second offence is committed within three years, the punishment is 2 years and/or fine of 3000 Indian Rupees (INR). The clause of 30&nbsp;mg/dL was added by an amendment in 1994. It came into effect beginning 14 November 1994.
*]: 0%. Breathalyzer testing is regularly used in major cities like Kathmandu, Pokhara, Biratnagar and Highways. For more verification, driver will be taken to nearest hospitals for blood and urine test (if demanded by the driver). Licence will be seized instantly. Driver will get the licence back after attending anti-alcoholic classes run by Nepal Traffic Police and fine will be charged NRS 1000.{{citation needed|date=October 2012}}
*]: Falls under Drink and Drugs, S. No 14. No Set limit. 8 Penalty Points.<ref>{{dead link|date=January 2014}}</ref>
*]: 0.06% {{citation needed|date=August 2012}} - Breathalyzer testing is not used routinely. If suspected by police the driver is produced before the closest government medical officer who examines and determines whether the driver is under influence. If the driver refuses examination by the medical officer he is considered to have been under influence by default.

===Southeast Asia===
*]: Alcohol is banned
*]: 0.05% {{citation needed|date=August 2012}}
*]: 0.80&nbsp;mg per 100 ml of blood<ref>In April 2010 Vientiane Traffic Police Department launched operation A+E (Awareness and Enforcement) to crack down on driving offences including drunk driving. The KPL Lao news release April 6, 2010 mentions the national legal limit as 80 mg.</ref> {{citation needed|date=August 2012}}
*]: Zero <ref>{{Citation|url =http://apps.who.int/gho/data/view.main.54600|title= Legal BAC limits by country|work =Legal BAC limits-data by country|publisher= apps.who.int\ref =none}}</ref>
*]: 0.08% <ref>{{cite web|url=http://www.kimia.gov.my/en/faq.html |title=What is the legal limit of alcohol in the blood? |publisher=Department of Chemistry Malaysia |date=2014-11-17 |accessdate=2014-12-05}}</ref>
*]: 0.05%<ref>{{cite web|url=http://www.icap.org/Table/BACLimitsWorldwide |title=Blood Alcohol Concentration (BAC) Limits Worldwide |publisher=Icap.org |date= |accessdate=2014-01-26}}</ref>
*]: 0.08% or BrAC: 35 microgrammes of alcohol per 100 ml of breath, strictly enforced. {{citation needed|date=August 2012}}
*]: 0.05% {{citation needed|date=August 2012}}
*]: 0.50&nbsp;mg per 100 ml of blood motorbikes and 0.80&nbsp;mg per 100 ml of blood for cars {{citation needed|date=August 2012}}

===Western Asia===
*]: 0.05%,<ref name=icap/> zero for commercial transport and public service drivers.
*]: 0.04% <ref>{{Citation|url = http://www.who.int/violence_injury_prevention/road_safety_status/2013/country_profiles/armenia.pdf
|title =Road safety status of Armenia|work =violence injury prevention|publisher =www.who.int| accessdate =19 February 2015|ref= none}}</ref>
*]: Zero <ref>{{Citation|url =http://www.gov.uk/foreign-travel-advice/azerbaijan/safety-and-security|title =Azerbaijan travel advice|work =Foreign travel advice |publisher =www.gov.uk| accessdate =19 February 2015|ref = none}}</ref>
*]: 0.03% {{citation needed|date=August 2012}}
*]: Zero. It is illegal for Muslims to make, sell or possess alcohol for use as a drug. Some forms of ethanol are allowed for scientific, medical and industrial use. In addition non-Muslim minorities are permitted to make and possess small amounts of alcohol for their own use.
*]: 24&nbsp;mg per 100 ml of breath (penalties only apply above 26&nbsp;mg per 100 ml of breath due to lawsuits about sensitivity of devices used). New drivers, drivers under 24 years of age and commercial drivers 5&nbsp;mg per 100 ml of breath.<ref>{{cite web|title=Alcohol and Driving|url=http://he.mot.gov.il/index.php?option=com_content&view=article&id=1836:alcohol-nehiga&catid=113:nehigat-horef-c&Itemid=164|publisher=Ministry of Transport|accessdate=2 July 2012}}</ref>
*]: Zero {{citation needed|date=August 2012}} - Breathalyzer testing is not routinely used. If suspected by police the driver is produced before the closest government medical officer who examines and determines whether the driver is under influence.
*]: No limit, alcohol is banned.
*]: No limit, alcohol is banned.
*]: Zero {{citation needed|date=August 2012}}


==Africa== ==Africa==
The following is a list of the legal ] (BAC) limits for drivers in each African country:
*]: 0.06% <ref>{{Citation|url =http://www.who.int/violence_injury_prevention/road_safety_status/2013/country_profiles/angola.pdf|title =Road safety status of Angola|work =Road safety status of Angola|publisher =www.who.int|accessdate =19 February 2015|ref =none}}</ref>
{{div col}}
*]: 0.02%<ref name="apps.who.int Legal BAC limits by country" />
*]: 0.06%<ref>{{Citation|url =https://www.who.int/violence_injury_prevention/road_safety_status/2013/country_profiles/angola.pdf|title =Road safety status of Angola|publisher =]|access-date =19 February 2015|ref =none}}</ref>
*]: 0.05% {{citation needed|date=August 2012}}
*]: 0.02%<ref name=BAC>{{cite web|url=http://apps.who.int/gho/data/view.main.54600|title =Legal BAC limits by country|publisher =]|access-date =21 February 2015|ref =none}}</ref>
*]: 0.08% {{citation needed|date=August 2012}}
*]: 0.05%<ref name=BAC/>
*]: 0.08% {{citation needed|date=August 2012}}
*]: 0.08%<ref name=BAC/>
*]: No Limit {{citation needed|date=August 2012}}
*]: 0.01%<ref name="apps.who.int Legal BAC limits by country" /> *]: 0.08%<ref name=BAC/>
*]: 0<ref name=BAC/>
*]: 0.05%<ref>{{Citation|url =http://www.who.int/violence_injury_prevention/road_safety_status/2013/country_profiles/angola.pdf|title =Road safety status of Egypt|work =Road safety status of Egypt|publisher =www.who.int|accessdate =19 February 2015|ref= none}}</ref>
*]: 0.15%<ref name=apps.who.int Legal BAC limits by country /> *]: 0.05%<ref name=BAC/>
*]: 0.05%<ref>{{Citation|url =https://www.who.int/violence_injury_prevention/road_safety_status/2013/country_profiles/angola.pdf|title =Road safety status of Egypt|publisher =www.who.int|access-date =19 February 2015|ref= none}}</ref>
*]: Zero {{citation needed|date=August 2012}}
*]: 0.05%<ref name=BAC/>
*]: 0.08<ref>{{Citation|url =http://www.who.int/violence_injury_prevention/road_safety_status/2013/country_profiles/ethiopia.pdf|title =Road safety status of Ethiopia|work =Road safety status of Ethiopia|publisher =www.who.int|accessdate =19 February 2015|ref =none}}</ref>
*]: 0.03% for commercial or professional drivers, 0.05% for all other drivers<ref name=BAC/>
*]: Zero {{citation needed|date=August 2012}}
*]: 0.08<ref>{{cite web|url =https://www.who.int/violence_injury_prevention/road_safety_status/2013/country_profiles/ethiopia.pdf|title =Road safety status of Ethiopia|publisher =]|access-date =19 February 2015|ref =none}}</ref>
*]: 0.08% {{citation needed|date=August 2012}}
*]: No limit<ref name=BAC/>
*]: Zero {{citation needed|date=August 2012}}
*]: 0.08%<ref name=BAC/>
*]: 0.05% {{citation needed|date=August 2012}}
*]: 0.08% {{citation needed|date=August 2012}} *]: 0.08%<ref name=BAC/>
*]: Zero<ref name="apps.who.int Legal BAC limits by country" /> *]: No limit<ref name=BAC/>
*]: 0.08%<ref name=BAC/>
*]: Zero {{citation needed|date=August 2012}}
*]: 0<ref name=BAC/>
*]: 0.05% {{citation needed|date=August 2012}}
*]: 0.08%<ref name=BAC/>
*]: 0.05% {{citation needed|date=August 2012}}
*]: 0.05%<ref name=BAC/>
*]: 0.08% {{citation needed|date=August 2012}}
*]: 0.02%<ref name=BAC/>
*]: 0.05% <ref>{{Citation|url =http://www.who.int/violence_injury_prevention/road_safety_status/country_profiles/nigeria.pdf|title =Road safety status of Nigeria|work =Road safety status of Nigeria|publisher =www.who.int|accessdate =19 February 2015|ref =none}}</ref>
*]: 0.05%<ref name=BAC/>
*]: 0.08% {{citation needed|date=August 2012}}
*]: No limit<ref name=BAC/>
*]: 0.05% and 0.02% for professional drivers (trucks over 3.5 tonnes, and vehicles carrying passengers for reward)
*]: 0.05%<ref>{{Citation|url =https://www.who.int/violence_injury_prevention/road_safety_status/country_profiles/nigeria.pdf|title =Road safety status of Nigeria|work =Road safety by country profile of Nigeria|publisher =]|access-date =19 February 2015|ref =none}}</ref>
*]: 0.042% {{citation needed|date=August 2012}}
*]: 0.08% {{citation needed|date=August 2012}} *]: 0.08%<ref name=BAC/>
*]: 0.08%<ref name=BAC/>
*]: 0.05% {{citation needed|date=August 2012}}
*]: 0.05% and 0.02% for professional drivers (trucks over 3.5 tonnes, and vehicles carrying passengers for reward)<ref>{{Cite web|url=http://www.polity.org.za/html/govdocs/legislation/1996/act96-093.html#c11|archive-url=https://web.archive.org/web/20070223200318/http://www.polity.org.za/html/govdocs/legislation/1996/act96-093.html#c11|url-status=dead|archive-date=23 February 2007|title=No. 93 Of 1996: National Road Traffic Act, 1996.|date=23 February 2007}}</ref>
*]: 0.08% {{citation needed|date=August 2012}}
*]: No limit<ref name=BAC/>
*]: 0.08%<ref name=BAC/>
*]: Zero for professional or commercial drivers, 0.08% for all other drivers<ref name=BAC/>
*]: 0.08%<ref name=BAC/>
{{div col end}}


==North America== ==Americas==


===Canada=== ===North America===
{{Main|Drunk driving (Canada)}}


*]: 0.05-0.08% ====Canada====
{{Main|Impaired driving in Canada}}


*Canada: Depends on province, 0.04–0.08% BAC by mass<ref>{{Cite web |title=Blood Alcohol Concentration (BAC) |website=Mothers Against Drunk Driving (MADD Canada) |date=n.d. |access-date=21 July 2022 |url= https://madd.ca/pages/impaired-driving/overview/blood-alcohol-concentration-bac/}}</ref>
The '']'' made it a '']'' offence to drive with a ] (BAC) in excess of 80&nbsp;mg/100&nbsp;ml of blood. Refusal of a police officer's demand to provide a breath sample was made an offence at the same time and both began as ]s, with a mandatory minimum ]50 ].<ref>{{cite journal | author = Standing Committee on Justice and Human Rights | title = Toward Eliminating Impaired Driving — Chapter 2: Legislative Background | publisher = ] | date = May 1999 | url = http://cmte.parl.gc.ca/Content/HOC/committee/361/juri/reports/rp1031597/jurirp21/09-ch2-e.htm#0.2.5FPCNZ.3YC5UE.7ZN1CF.D3 | accessdate = 2008-04-14}}</ref>


The '']'' made it illegal to drive with a BAC in excess of 80&nbsp;mg/100&nbsp;mL of blood. Refusal of a police officer's demand to provide a breath sample was made an offence at the same time and both began as ], with a maximum ] of up to ]5000 and up to six months imprisonment.<ref>{{cite journal | author = Standing Committee on Justice and Human Rights | title = Toward Eliminating Impaired Driving — Chapter 2: Legislative Background | publisher = ] | date = May 1999 | url = http://cmte.parl.gc.ca/Content/HOC/committee/361/juri/reports/rp1031597/jurirp21/09-ch2-e.htm#0.2.5FPCNZ.3YC5UE.7ZN1CF.D3 | access-date = 14 April 2008 | archive-url = https://web.archive.org/web/20070709071303/http://cmte.parl.gc.ca/Content/HOC/committee/361/juri/reports/rp1031597/jurirp21/09-ch2-e.htm#0.2.5FPCNZ.3YC5UE.7ZN1CF.D3 | archive-date = 9 July 2007 | url-status = dead }}</ref><ref>{{cite web|url=http://www.timescolonist.com/news/local/breath-test-can-t-be-refused-under-new-drunk-driving-law-1.23355573|title=Breath test can't be refused under new drunk-driving law|last=Dickson|first=Louise|website=Times Colonist|date=3 July 2018 |access-date=2019-02-04}}</ref> Many provinces have administrative penalties related to drunk driving.<ref>{{cite web|url=http://www.mto.gov.on.ca/english/safety/impaired-driving.shtml |title=Impaired driving |website=Mto.gov.on.ca |date=2019-07-12 |access-date=2022-03-01}}</ref> These penalties include immediate driver's licence suspensions and heavy fines. These penalties are often imposed for blood-alcohol concentrations exceeding 40 or 50&nbsp;mg/dL.<ref>{{cite web|url=https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions/alcohol |title=Alcohol and drug related driving prohibitions and suspensions |publisher=Province of British Columbia |date= |access-date=2022-03-01}}</ref>
Driving under the influence of alcohol is a generic term for a series of offences under the '']''. 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''. See
Both offences can be committed by a person who is actually operating or driving a motor vehicle, vessel, aircraft, or railway equipment or by a person who has care or control of such a vehicle. Care or control includes actual care or control and presumed care or control section 260(1)(a) where the person occupies the driver's seat. The latter is often the case where police find an individual sleeping behind the wheel.


There is a zero-tolerance policy for new drivers undergoing ] in ], ],<ref>{{cite web|url=http://www.pssg.gov.bc.ca/osmv/prohibitions/impaired-driving.htm|title=The Various Alcohol and Drug Related Prohibitions and Suspensions – Prohibitions and Suspensions – RoadSafetyBC|access-date=2012-11-08|archive-date=2012-12-25|archive-url=https://web.archive.org/web/20121225000901/http://www.pssg.gov.bc.ca/osmv/prohibitions/impaired-driving.htm|url-status=dead}}</ref> ] and ];<ref>{{Cite web|url=http://www.transportation.alberta.ca/impaireddriving.htm|title=Alberta's approach to impaired driving|last=Alberta|first=Government of|date=2011-11-16|website=www.transportation.alberta.ca|language=en|access-date=2018-09-24|archive-date=25 September 2018|archive-url=https://web.archive.org/web/20180925201830/http://www.transportation.alberta.ca/impaireddriving.htm|url-status=dead}}</ref> drivers under the age of 22 in ], ], ], ], ],<ref>{{cite web|url=http://www.news.ontario.ca/mto/en/2010/07/keeping-drivers-safe.html|title=Newsroom : Keeping Drivers Safe|work=news.ontario.ca|access-date=27 July 2010|archive-date=28 July 2010|archive-url=https://web.archive.org/web/20100728041354/http://news.ontario.ca/mto/en/2010/07/keeping-drivers-safe.html|url-status=dead}}</ref> ] and in ] receive a 30-day suspension and 7-day vehicle seizure.<ref>{{cite news|url=http://www.cyberpresse.ca/actualites/quebec-canada/national/201202/17/01-4497213-tolerance-zero-pour-les-conducteurs-de-moins-de-21-ans.php|title=Tolérance zéro pour les conducteurs de moins de 21 ans|work=La Presse|date=17 February 2012 |last1=Bergeron |first1=Patrice }}</ref> Drivers in ] who are in the ] program, regardless of age, are subject to the same 30-day/7-day suspensions/seizure policy.<ref>{{Cite web|url=http://www.transportation.alberta.ca/content/docType45/Production/AALS5.2.pdf |archive-url=https://ghostarchive.org/archive/20221009/http://www.transportation.alberta.ca/content/docType45/Production/AALS5.2.pdf |archive-date=2022-10-09 |url-status=live|title=Alberta Zero Alcohol Tolerance Program (Graduated Driver's Licence)}}</ref>
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 may immediately have grounds to arrest for impaired driving and make an approved instrument demand under section 254(3). Those grounds are based on various indicia of impairment. If the police merely have a suspicion of alcohol in the individual's body, they may make a demand under section 254(2) requiring the driver to give a sample of his or her breath into an ], which will determine the driver's blood-alcohol concentration on a preliminary, non-evidentiary basis. Based on the screening device results, 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 or her breath for an ] test, which would be used to prosecute the driver for over 80 milligrams of alcohol in 100 millilitres of blood.


====Mexico====
The minimum punishments for impaired driving and driving over 0.08% are:
*Mexico: 0.04–0.10%<ref>{{Citation|url =http://www.icap.org/Table/BACLimitsWorldwide|title =BAC Limits Worldwide|work =BAC Limits Worldwide table|publisher =www.icap.org|access-date =19 February 2015|ref =none|url-status =dead|archive-url =https://web.archive.org/web/20131013180807/http://icap.org/Table/BACLimitsWorldwide|archive-date =13 October 2013}}</ref>
* For the first offence: $1,000 ], 1-year driving prohibition;
* For the second offence: 30 days ], 2-year driving prohibition;
* For the third or subsequent offence: 120 days jail, 3-year driving prohibition.


====United States====
In addition to the federal criminal laws, all provincial governments have enacted their own measures against impaired driving. Such laws complement the federal laws (part of the ] doctrine of ]). Some provinces will suspend a driver's license upon him or her being ''charged'' with impaired driving, rather than being convicted. Some provinces will automatically impose a licence suspension that runs longer than the driving prohibition handed down by the court. Provincial and federal driving prohibitions run ] if imposed for the same offence(s)at the same time.

In Ontario, a person convicted of a DUI must also complete an 8-month training course and install an ] for a period of one year after the licence suspension. Jail time can be imposed for any first time Criminal Code drinking and driving offence. Jail is appropriate where there is an accident and/or the readings are high. Readings above 160&nbsp;mg/100&nbsp;ml are an aggravating circumstance. Jail is the minimum punishment for second and third offences.

Foreigners with recent (in the past 5 years) drunk-driving criminal convictions are generally refused entry at the border. Drunk driving charges that can make an individual criminally inadmissible to Canada include, but are not limited to, Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Driving While Impaired (DWI), Operating While Intoxicated (OWI), Operating a Motor Vehicle While Intoxicated (OMVI), and Driving While Ability Impaired (DWAI).<ref name="FW Canada">{{cite web|title=Canada DUI Entry: Enter Canada With A DUI Offence|url=http://duicanadaentry.com|publisher=FW Canada}}</ref> Canada's Immigration Act section 36 considers any foreign drinking and driving outstanding charge or conviction as an ] unless a prosecutor has chosen to proceed by summary conviction. Criminal inadmissibility can be overcome permanently by Criminal Rehabilitation or temporarily by obtaining a Temporary Resident Permit.<ref name="FW Canada"/>

On January 27, 2001, ], a ]n ] in Canada killed a Canadian woman while drinking and driving. He was imprisoned in Russia. This incident triggered a crackdown on drunk driving by diplomats in Canada.

On Dec 15, 2005, Charly Hart of ], 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.<ref>{{cite news |
title=Man gets 6 years for drunk driving |
url=http://www.cbc.ca/news/canada/man-gets-6-years-for-drunk-driving-1.553348 |
publisher=] |
date=2005-12-05 |
accessdate=2013-09-22}}</ref>

===Mexico===
*]: 0.04-0.10% <ref>{{Citation|url= http://www.icap.org/Table/BACLimitsWorldwide|title =BAC Limits Worldwide|work =BAC Limits Worldwide table|publisher =www.icap.org|accessdate =19 February 2015|ref =none}}</ref>
Foreigners with recent (in the past 10 years) drunk-driving criminal convictions are generally refused entry at the border. Mexico's Immigration Act section 36 considers any foreign drinking and driving outstanding charge or conviction as an Indictable offense (similar to a felony).

===United States===
{{Main|Drunk driving in the United States}} {{Main|Drunk driving in the United States}}


] ] and driving.]]


*]: 0.08% ] *United States: Depends on state, 0.08% or 0.05% ]
Under the laws of the United States, it is unlawful to drive a motor vehicle when the ability to do so is materially impaired by the consumption of alcohol or other drugs, including prescription medications. For impaired driving charges involving the consumption of alcohol, the blood alcohol level at which impairment is presumed is 0.08, although it is possible to be convicted of impaired driving with a lower blood alcohol level.<ref>{{cite web|title=Drunken / Impaired Driving|url=http://www.ncsl.org/research/transportation/drunken-impaired-driving.aspx|website=NCSL|publisher=National Conference of State Legislatures|access-date=30 October 2017}}</ref> Some states define two impaired driving offenses.<ref>See, e.g., Cal. Vehicle Code sec. 23152(a) and (b), {{cite web|title=California Vehicle Code, Sec. 23152|url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152.|website=California Legislative Information|publisher=California State Legislature|access-date=30 October 2017}}</ref>
Some states now have two statutory offenses.<ref>See, ''e.g.'', </ref> The first is the traditional offense, variously called ''driving under the influence of alcohol'' (DUI), ''driving while intoxicated/impaired'' (DWI)<ref>See, ''e.g.'', N.Y. Vehicle and traffic law, section 1192, found at . Go to "Bill Search and Legislative Materials", then "New York State Laws." Accessed March 17, 2008.</ref> or ''operating while intoxicated/impaired'' (OWI). The second and more recent is the so-called ] offense of driving with a ] (BAC) ] of 0.08% (previously 0.10%) or higher. In most states, the timing of the chemical test is important because the law mandates a result within a given time period after the driving stopped, usually two hours. The first offense requires proof of intoxication, although evidence of BAC is admissible as rebuttably ] of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused may be convicted of both offenses, but may only be punished for one.<ref>E.g., People v. Cosko, 152 Cal. App. 3d 54, 199 Cal. Rptr. 289 (1984), citing Cal. Penal Code sec. 654</ref> The differences between state penalties still wavers. Wisconsin, for instance, is the only state that continues to treat first offense drunk driving arrests as forfeiture.<ref>Walters, Steven. "First drunken driving offense shouldn't be a crime, Van Hollen says" ''Milwaukee Journal Sentinel''17 Jan 2009.</ref>
#The first is the traditional offense, variously called ''driving under the influence of alcohol'' (DUI), ''driving while intoxicated/impaired'' (DWI),<ref>See, e.g., N.Y. Vehicle and traffic law, section 1192, found at . Go to "Bill Search and Legislative Materials", then "New York State Laws." Accessed 17 March 2008.</ref> ''operating under the influence'' (OUI), or ''operating while intoxicated/impaired'' (OWI).
#The second and more recent is the so-called ] offense of driving with a ] (BAC) by volume (mass of alcohol/volume of blood) of 0.08% (previously 0.10%) or higher.


The first offense requires proof of intoxication, although evidence of BAC is admissible as rebuttably ] of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused may potentially be convicted of both offenses as a result of a single incident, but may only be punished for one.<ref>E.g., People v. Cosko, 152 Cal. App. 3d 54, 199 Cal. Rptr. 289 (1984), citing Cal. Penal Code sec. 654</ref> The differences between state penalties still varies. Wisconsin, for instance, is the only state that continues to treat first offense drunk driving arrests as ].<ref>Walters, Steven. "First drunken driving offense shouldn't be a crime, Van Hollen says" ''Milwaukee Journal Sentinel''17 Jan 2009.</ref>
It is also a criminal offense in all states to drive a vehicle while under the influence of drugs ], 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. In some states, the effects of some herbal remedies (such as Kava Kava extract) fall into this category. Several states also have enacted statutes to create a DUI offense by virtue of huffing noxious fumes, such as glue sniffing or inhaling similar volatile chemical fumes. . DUI-impairment statutes require that violations be supported by evidence of impairment as a result of the ] or other ]s, or combined, or by any noxious vapors. Some states have recently passed laws making driving with the mere presence of certain drugs (such as marijuana or its metabolites) a criminal offense. These new statutes are sometimes referred to as DUI-drugs ''per se'' statutes.


]
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. All states and DC also now have ] laws: the license of anyone under 21 driving with any detectable alcohol in their bloodstream (BAC limits of 0.01% or 0.02% apply in some states, such as Florida.) will be suspended. In 2009, Puerto Rico joined these states, setting a limit of 0.02 for drivers under 21, despite maintaining a legal drinking age of 18.<ref></ref>
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. All states and DC also now have ] laws: the license of anyone under 21 driving with any detectable alcohol in their bloodstream (BAC limits of 0.01% or 0.02% apply in some states, such as Florida) will be suspended. In 2009, Puerto Rico joined these states, setting a limit of 0.02 for drivers under 21, despite maintaining a legal drinking age of 18.<ref>{{Cite web|url=http://www.inform.com/article/Puerto%20Rico%20OKs%20one%20lowest%20drunk-driving%20limits|archive-url=https://web.archive.org/web/20151029224040/http://inform.com/article/Puerto%20Rico%20OKs%20one%20lowest%20drunk-driving%20limits|url-status=dead|title=Puerto Rico OKs one lowest drunk-driving limits|archive-date=29 October 2015}}</ref>


The blood-alcohol limit for commercial drivers is 0.04%.<ref></ref> Commercial drivers are also subject to stricter punishments for exceeding the blood-alcohol limit. According to the NHTSA, "Drivers are considered to be alcohol-impaired when their blood alcohol concentration (BAC) is .08 grams per deciliter (g/dL) or higher. Thus, any fatality occurring in a crash involving a driver with a BAC of .08 or higher is considered to be an alcohol-impaired-driving fatality. The term “driver” refers to the operator of any motor vehicle, including a motorcycle." <ref>{{cite web|url=http://www-nrd.nhtsa.dot.gov/Pubs/810801.PDF |title=Traffic Safety Facts 200 6 Data |publisher=NHTSA |date= |accessdate=2014-01-26}}</ref> The blood alcohol limit for commercial drivers is 0.04%.<ref>{{cite web|url=http://edocket.access.gpo.gov/cfr_2006/octqtr/49cfr382.201.htm|title=Alcohol concentration.|website=edocket.access.gpo.gov|access-date=16 April 2018}}</ref> Pilots of aircraft may not fly within eight hours of consuming alcohol, while under the impairing influence of alcohol or any other drug, or while showing a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood.<ref>, also known as Federal Air Regulation 91.17</ref>


Utah became the first U.S. state to lower the legal limit to .05% BAC by volume on 24 March 2017. The law went into effect on 30 December 2018.<ref>{{cite news|last1=Davidson|first1=Lee|title=Utahns still split on new DUI law, but big majority want changes before it kicks in|url=http://archive.sltrib.com/article.php?id=5558300&itype=CMSID|access-date=30 October 2017|newspaper=Salt Lake Tribune|date=29 July 2017}}</ref> The bill's passage, HB155, was controversial in the state. A poll published on 29 July 2017 found 50 percent of Utahns supported the new law, but 47 percent opposed it.
'' ).]]


In most states, the timing of the chemical test for suspected drunk driving is important because the law mandates a result within a given time period after the driving stopped, usually two hours.{{citation needed|date=October 2017}}
Pilots of aircraft may not fly within eight hours of consuming alcohol, while under the impairing influence of alcohol or any other drug, or while showing a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood.<ref>, also known as Federal Air Regulation 91.17</ref>


In some states, an intoxicated person may be convicted of a DUI in a parked car if the individual is sitting behind the wheel of the car.<ref>{{cite web|title=Sleeping while drunk in the driver's seat of a parked car with the engine running is driving under the influence, and you really should have known that|url=http://www.pdsdc.org/professional-resources/criminal-law-blog/criminal-law-post/pds-criminal-law-blog/2015/01/27/sleeping-while-drunk-in-the-driver-s-seat-of-a-parked-car-with-the-engine-running-is-driving-under-the-influence-and-you-really-should-have-known-that|publisher=Public Defender Service for the District of Columbia|access-date=14 December 2017|date=22 January 2015|archive-date=2 December 2020|archive-url=https://web.archive.org/web/20201202121607/https://www.pdsdc.org/professional-resources/criminal-law-blog/criminal-law-post/pds-criminal-law-blog/2015/01/27/sleeping-while-drunk-in-the-driver-s-seat-of-a-parked-car-with-the-engine-running-is-driving-under-the-influence-and-you-really-should-have-known-that|url-status=dead}}</ref> In some jurisdictions, the occupant of a vehicle might be charged with impaired driving even if sleeping in the back seat based on proof of risk that the occupant would put the vehicle in motion while intoxicated.<ref>{{cite web|last1=Sarantis|first1=Theo|title=Drunk in the Backseat of a Car? You Could Get a D.U.I.|url=http://www.huffingtonpost.ca/theo-sarantis/driving-drunk_b_1837156.html|website=Huffington Post|access-date=14 December 2017|date=29 August 2012}}</ref> Some states allow for a charge of attempted DUI if an officer can reasonably infer that the defendant intended to drive a vehicle while impaired.<ref>{{cite book|last1=Reff|first1=Robert S.|title=Drunk Driving and Related Vehicular Offenses|date=2013|publisher=LexisNexis|isbn=978-1579111144|page=125|url=https://books.google.com/books?id=BsBoOZdBsu8C|access-date=14 December 2017}}</ref>
The various versions of "driving under the influence" generally constitute a ] (punishable by up to one year in jail). However, the offense may be elevated to a ] (punishable by a longer term in state prison) if the incident caused serious injury (''felony DUI''), death (''vehicular manslaughter'' or ''vehicular homicide''), or extensive property damage (a state specified dollar amount) or if the defendant has a designated number of prior DUI convictions within a given time period (commonly, 3 prior convictions within 7 years). ], 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 reckless indifference to the lives of others.


Some states such as Massachusetts and Texas, have judicial guidelines requiring a ] for repeat offenders or for DUI/DWI offences with enhancements like an open container. The strictest states like Washington even have mandatory minimum penalties for first-time offenders.<ref>{{Cite web |access-date=1 Dec 2022 |title=DUI Sentencing Grid. |url=https://www.courts.wa.gov/newsinfo/content/duigrid/duiGrid_201708.pdf}}</ref> Repeated impaired driving offenses or an impaired driving incident that results in bodily injury to another may trigger more significant penalties, and potentially trigger a felony charge.<ref>{{cite web|last1=Thompson|first1=Conness A.|title=Felony DUI Cases at a Glance|url=https://www.capcentral.org/criminal/crimes_glance/docs/felony_dui_at_a_glance.pdf|website=Central California Appellate Program|access-date=1 August 2017|archive-date=30 November 2020|archive-url=https://web.archive.org/web/20201130180211/https://www.capcentral.org/criminal/crimes_glance/docs/felony_dui_at_a_glance.pdf|url-status=dead}}</ref> Many states in the ] have adopted ] laws that enforce strict guidelines on sentencing, differing from previous practice where prison time was reduced or suspended after sentencing had been issued.<ref>{{cite web|last1=Rosich|first1=Katherine J.|last2=Kane|first2=Kamala M.|title=Truth in Sentencing and State Sentencing Practices|url=https://www.nij.gov/journals/252/pages/sentencing.aspx|website=National Institute of Justice|publisher=Office of Justice Programs|access-date=30 October 2017}}</ref>
]


====California==== ===Caribbean===
* Bahamas: 0.08%<ref>{{cite web|url=https://ewnews.com/hinds-police-await-the-executive-on-breathalyzers|title=Driving Under the Influence Unit|website=royalbahamaspolice.org|access-date=30 March 2018}}</ref>
* Cuba: 0 for young or inexperienced drivers and professional or commercial drivers, 0.05% for all other drivers<ref name=BAC/>
* Dominican Republic: 0.05%<ref name=BAC/>
* Jamaica: The law states that the legal alcohol limit is 35&nbsp;μg/100&nbsp;mL alcohol in breath or a blood alcohol level of 80&nbsp;mg/100&nbsp;mL alcohol in blood.<ref>{{Cite web|url=http://www.nationalroadsafetycouncil.org.jm/roadsafetylaws/breathtest.htm|title=National Road Safety Council Jamaica|date=6 June 2016|website=National Road Safety Council Jamaica|access-date=6 June 2016|url-status=dead|archive-url=https://web.archive.org/web/20070703005756/http://www.nationalroadsafetycouncil.org.jm/roadsafetylaws/breathtest.htm|archive-date=3 July 2007}}</ref>
* Trinidad and Tobago: 35&nbsp;μg/(100&nbsp;mL) BrAC, 80&nbsp;mg/100 mL BAC<ref>{{cite news|title=Police: Zero tolerance for young drivers|url=http://www.trinidadexpress.com/news/Police-Zero-tolerance-for-young-drivers-211318811.html|access-date=29 September 2013|newspaper=Trinidad Express|archive-url=https://web.archive.org/web/20131002122326/http://www.trinidadexpress.com/news/Police-Zero-tolerance-for-young-drivers-211318811.html|archive-date=2 October 2013|url-status=dead}}</ref><ref>{{cite web|title=Motor Vehicles and Road Traffic Act|url=http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/48.50.pdf|access-date=29 September 2013}}</ref>
* Cayman Islands: 0.10% BAC{{cn|date=October 2023}}


===Central America===
A ] DUI arrest triggers two separate cases–one in court and another at the California Department of Motor Vehicles (DMV). The criminal case typically involves two different counts. The first, under California Vehicle Code section 23152(a), is driving under the influence of alcohol, which is commonly known as the "a" count. The second offense, under California Vehicle Code section 23152(b), is a related charge of driving with a blood alcohol content (BAC) of .08 percent or greater–the "b" count. The second charge is the one that triggers the California Department of Motor Vehicles DUI case, where the California DMV will attempt to suspend the motorist's driving privileges.{{Citation needed|date=January 2012}}
*Belize: 0.08%<ref name=BAC/>
*Costa Rica: 0.02%<ref name=BAC/> for public transport, commercial drivers and new drivers, or 0.05% for all others. More results in a fine of CRC 280,000 (US$489.61 as of 27 July 2017). A BAC in excess of 0.05% for public transport, commercial drivers and new drivers or 0.075% for all others additionally results in a 1- to 3-year prison sentence, vehicle impoundment and 2-year licence suspension.<ref>{{Citation|url =http://www.mopt.go.cr/wps/wcm/connect/8eeade9c-3966-458e-a6d4-cfe1655a8053/ley9078.pdf?MOD=AJPERES|title =LEY DE TRÁNSITO POR VÍAS PÚBLICAS TERRESTRES Y SEGURIDAD VIAL|publisher =]|access-date =27 July 2017|ref =none|archive-date =15 December 2016|archive-url =https://web.archive.org/web/20161215202316/http://www.mopt.go.cr/wps/wcm/connect/8eeade9c-3966-458e-a6d4-cfe1655a8053/ley9078.pdf?MOD=AJPERES|url-status =dead}}</ref>
*]: 0.05%<ref name=BAC/>
*]: No limit
*]: 0.07%<ref name=BAC/>
*]: 0.05%<ref>{{Citation|url =https://www.who.int/violence_injury_prevention/road_safety_status/2013/country_profiles/nicaragua.pdf|title =Road safety status of Nicaragua|publisher =]|access-date =19 February 2015|ref =none}}</ref>
*]: 0.08%<ref name=BAC/>


===South America===
Drivers convicted of DUI criminal court face substantial punishment that can include fines, jail time, probation, alcohol education school, and a driver's license suspension that separate from the one imposed after a lost DMV hearing. The amount of punishment depends on the facts of the case, including how many prior DUI convictions the driver has{{Citation needed|date=February 2011}}.
*]: 0%. In 2023, Argentina adopted a national ] law.<ref>{{cite web|url=https://www.argentina.gob.ar/salud/consumo-de-alcohol/alcohol-cero-al-conducir|title=Alcohol cero al conducir|website=www.argentina.gob.ar|access-date=11 April 2024}}</ref> The law applies on national roads, and 18 out of 24 provincial jurisdictions have adopted the limit of 0.0 g/l for provincial routes. As of February 2024, the provinces of CABA, Corrientes, Misiones, Mendoza, San Juan and Santa Fe retain the old limits (0% for public transport and commercial vehicles, 0.02% for motorcycles, and 0.05% for all others).<ref>{{cite web|title=Argentina: Road Safety Country Profile 2023|author=ITF|date=February 6, 2024|publisher=OECD Publishing|location=Paris|url=https://www.itf-oecd.org/sites/default/files/argentina-road-safety.pdf}}</ref>
*]: 0.05% for professional drivers only<ref name="www.who.int Legal BAC limits by country">{{Citation|url=http://apps.who.int/gho/data/view.main.54600|title =Legal BAC limits by country|work =Legal BAC limits-data by country|publisher =apps.who.int|access-date =19 February 2015|ref=none}}</ref>
*]: Since 2008 Brazil practices ]. If a driver is found to be driving with any BAC (up to 0.06%), the driver is to have their license suspended for 12 months, pay a fine of BRL 2,934.70 (doubled if recurrence) and will have the car seized. Anything above 0.06% is considered a criminal offense.<ref>, Diário Oficial da União - Seção 1 - Edição 20 de 29 January 2013, Pag. 30</ref><ref>, Diário Oficial da União - Seção 1 - Edição 20 de 29 January 2013, Pag. 31</ref>
*]: From 15 March 2012, 0.03–0.08% the driver is considered to be driving under the influence and carries a three-month suspension and a fine of US$82–410 ({{As of|2012|3|19|lc=y}}); over 0.08% the driver is considered to be drunk and carries a prison term of 61 to 301 days, a fine of US$164–820 ({{As of|2012|3|19|lc=y}}) and a two-year suspension for the first offense, a five-year suspension for a second offense, and a life suspension for a third offense.<ref>, Articles 110, 193 and 196. Chile Library of Congress, accessed on 18 March 2012.</ref>
*]: Colombia is known to have the toughest penalties against those driving under the influence in all of Latin America and practice a zero tolerance policy on DUIs. If a driver is found to be driving with 20–39&nbsp;mg/100&nbsp;mL ethanol in blood (equivalent to 0.02–0.039% BAC), the driver is to have their license suspended for a year, pay a fine of US$914 ({{As of|2013|12|22|lc=y}}), and serve twenty hours of community service. In the most extreme cases, if a driver is found to be driving with grade three alcohol (150&nbsp;mg/100&nbsp;mL ethanol in blood), the driver is to have their licence confiscated for ten years, pay a fine of US$7,314 ({{As of|2013|12|22|lc=y}}), and serve fifty hours of community service. If the driver gets in a crash and causes injuries and or deaths, the driver is to face between 2.5 and eighteen years of prison sentence and their license will be cancelled permanently.<ref>{{cite web|url=http://www.eltiempo.com/justicia/tolerancia-cero-ni-una-cerveza-si-va-a-conducir_13310603-4 |title=Tolerancia cero: ni una cerveza si va a conducir - Noticias de Justicia en Colombia |publisher=Eltiempo.Com |date=21 December 2013 |access-date=26 January 2014}}</ref>
*]: 0.01% for commercial or professional drivers; 0.03% for all other drivers<ref name=BAC/>
*]: 0.08%<ref name=BAC/>
*]: 0<ref>{{cite web|url=http://apps.who.int/gho/data/view.main.54600|title =Legal BAC limits by country|publisher =]|access-date =30 June 2017|ref =none}}</ref>
*]: Drivers below a 0.05% BAC will be given a warning. At a 0.05% and over, the driver will be given a fine and a license suspension of no less than six months and no more than two years. If the driver is involved in a crash without causing death or severe injury to another individual, he or she may possibly face jail time. If the driver causes a crash with a BAC over 0.101%, involving death or severe injury to another party, he or she will receive a ] of three to five years. The driver's license will also be permanently revoked. {{citation needed|date=August 2012}}
*]: 0.05%<ref name=BAC/>
*]: 0.<ref name=BAC/> The driver will have to pay a fine of US$448 ({{As of|2020|06|29|lc=y}}) and will have their licence suspended. Depending on the concentration of alcohol in blood and the times the driver was found guilty, the suspension goes from a minimum of six months to a maximum of two years.<ref>{{cite web |url=https://montevideo.gub.uy/areas-tematicas/educacion-y-formacion/educacion-y-seguridad-vial/alcoholemia |title=Alcoholemia |date=5 September 2015 |access-date=29 June 2020 |archive-date=2 July 2020 |archive-url=https://web.archive.org/web/20200702090116/https://montevideo.gub.uy/areas-tematicas/educacion-y-formacion/educacion-y-seguridad-vial/alcoholemia |url-status=dead }}</ref> If the driver causes a crash involving death, he or she will be charged with ] and will face a minimum of six months in prison.
*]: 0.08%<ref name=BAC/>


==Asia==
California DUI convictions count as prior offenses for 10 years, meaning that drivers who are arrested for DUI within a decade of a prior drunk driving offense will be charged with a repeat offense. If more than 10 years has passed since a prior DUI arrest, a subsequent drunk driving offense will be charged as a first offense. The time period is measured from arrest date to arrest date{{Citation needed|date=February 2011}}.


===Central Asia===
Anyone arrested for DUI in California must request a DMV hearing within 10 days or have their driver's license automatically suspended{{Citation needed|date=February 2011}}. The California DMV hearing that follows a DUI arrest is a civil matter, not a criminal case, so there is a much lower standard of proof than in criminal court. Whereas in criminal court guilt must be proven beyond a reasonable doubt, at the DMV the standard of proof is by a "preponderance of the evidence," which is often described as "50 percent plus a feather." This means that the DMV hearing officer must only establish that it's more likely than not that the driver violated California DUI laws.


*]: 0.05%<ref name=BAC/>
The hearing officer at a California DMV hearing acts as both judge and prosecutor. The issues at hand will depend on whether the driver took a chemical test to determine the blood alcohol content, or BAC. If the driver took a breath or blood test to determine the BAC, the DMV hearing officer will seek to establish three facts - whether police had probable cause to arrest the driver, whether the arrest was lawful, and whether the driver had a BAC of .08 percent or greater in violation of California law. If the driver is accused of refusing a chemical test, the hearing officer will seek to establish whether the driver was properly advised of the consequences of refusing the test, and whether he or she continued to refuse after receiving that warning.
*]: 0.03%<ref name=BAC/>


===East Asia===
Drivers who lose their DMV hearings following a California DUI arrest face substantial driver's license suspensions. The length of the driver's license suspension depends on how many prior DUI arrests the driver has and whether or not a chemical test was taken. For example, a first-time DUI arrest where the driver took a chemical test will result in a four-month suspension, while a first-time arrest with a chemical test refusal will result in a one-year driver's license suspension<ref>http://www.marincountyduilawyer.net/dui/faq/</ref>
*]: 0.02%.<ref></ref> Over 0.02% but under 0.08%: ]{{thinsp}}1,000–2,000 fine, six-month license suspension; Over 0.08%: up to three years' imprisonment,<ref>(in Chinese). Wikisource Chinese. Retrieved 22 February 2015.</ref> five-year license suspension. If the driver causes serious injuries or death, they will be charged with crime and the license will be permanently cancelled.<ref>(in Chinese). Wikisource Chinese. Retrieved 22 February 2015.</ref>
*]: 0.05% or BrAC 0.22&nbsp;mg/L or urine 0.067%. Driving under the influence of alcohol beyond legal limit is punishable with a monetary fine and up to three years' imprisonment, with ten driving-offense points and mandatory Driving Improvement Course.<ref>{{cite web|url=https://www.elegislation.gov.hk/hk/cap374!en?xpid=ID_1438403114038_001&INDEX_CS=N | title=Road Traffic Ordinance Cap. 374 }}</ref>
*]: BrAC 0.15&nbsp;mg/L (equivalent to 0.03%). Additionally, regardless of alcohol readings, police may also determine the driver to be "driving drunk", which is punished more severely than exceeding the designated alcohol limits.<ref>{{cite web|url=http://www.keishicho.metro.tokyo.jp/kotu/insyu/insyu_bassoku.htm|script-title=ja:飲酒運転の罰則等|language=ja|publisher=Metropolitan Police Department|access-date=15 July 2013|url-status=dead|archive-url=https://web.archive.org/web/20130717043923/http://www.keishicho.metro.tokyo.jp/kotu/insyu/insyu_bassoku.htm|archive-date=17 July 2013}}</ref> Effectively zero for drivers under 20 because of the legal drinking age.{{cn|date=October 2023}}
*]: ] 0.03%-0.08% : License suspension for 90 days and fine up to ] 5,000,000(about ] $5,000).<br />] 0.08%-0.20% : License revocation for a year and fine up to ] 10,000,000(about ] $10,000).<br />] over 0.2% or DUI caught 3 times : License revocation for indefinite period and imprisonment for up to 5 years and fine up to ] 20,000,000(about ] $20,000).<br />Drunk driving crash resulting in death : 3 years minimum, up to ].<ref>{{Cite web|url=https://kr.usembassy.gov/010919-message-for-u-s-citizens-updates-to-korean-laws/|title=Message for U.S. Citizens: Updates to Korean Laws|date=2019-01-10|website=U.S. Embassy & Consulate in Korea|language=en-US|access-date=2019-06-25|archive-date=16 November 2021|archive-url=https://web.archive.org/web/20211116182801/https://kr.usembassy.gov/010919-message-for-u-s-citizens-updates-to-korean-laws/|url-status=dead}}</ref> The penalties were increased after public resentment towards lenient sentencing.<ref>{{cite news |last1=Seung-yeon |first1=Kim |title=(News Focus) S. Korea gets tougher on drunk driving |url=https://en.yna.co.kr/view/AEN20181128006700315 |work=Yonhap News Agency |date=29 November 2018 |language=en}}</ref> Criticism of lenient sentencing has continued.<ref>{{cite news |title=만취 차량에 15m 날아가 숨졌는데‥"징역 3년이라고요?"|trans-title=She died after being thrown 15 meters away by a drunk car... "3 years in prison?" |url=https://imnews.imbc.com/news/2023/society/article/6472181_36127.html |work=MBC 뉴스 |language=ko|date=9 April 2023|author=이지수F}}</ref>
*]: 0.03% (BrAC 0.15&nbsp;mg/L).<ref>{{Cite web|url=https://www.npa.gov.tw/NPAGip/wSite/ct?xItem=93894&ctNode=12879&mp=1|title=酒駕相關罰則為何?|last=警政署秘書室|date=2019-09-17|website=警政署|language=zh-TW|access-date=2020-02-20}}</ref> The fines vary depending on the vehicle being driven at the time of offence. Scooter and motorcycle drivers convicted of first time DUI offenses will be subject to a fine between NT$15,000 and NT$90,000. Other motorists can be fined between NT$30,000 and NT$120,000 for first-time DUI offenses, while second-time offenders are liable to a fine of NT$120,000.<ref>{{Cite web|url=https://focustaiwan.tw/society/201903260020|title=New drunk driving law amendment passes Legislature - Focus Taiwan|website=focustaiwan.tw|date=26 March 2019 |language=zh-Hant-TW|access-date=2020-02-20}}</ref> Cyclists and passengers of drunk drivers are also able to be penalised.<ref>{{Cite web|url=https://www.taiwannews.com.tw/en/news/3737209|title=More than 300 people fined on first day of ne...|website=Taiwan News|date=3 July 2019 |access-date=2020-02-20}}</ref>


====Virginia==== ===South Asia===
*]: 0<ref name=BAC/>
*]: 0<ref name=BAC/>
*]: 0.03%. This is according to section 185 of the Motor Vehicles Act 1988. On a first offence, the punishment is imprisonment of six months, a fine of 10,000 Indian Rupees (INR) or both. If the second offense is committed within three years, the punishment is two years, a fine of 15,000 Indian Rupees (INR) or both. The clause of 30&nbsp;mg/dL was added by an amendment in 1994. It came into effect beginning 14 November 1994.
*]: 0. ] testing is regularly used in major cities like Kathmandu, Pokhara, and Biratnagar, and highways. For more verification, driver will be taken to nearest hospitals for blood and urine test (if demanded by the driver). License will be seized instantly. Driver will get the license back after attending anti-alcoholic classes run by Nepal Traffic Police and a NRS 1000 fine will be charged.<ref>{{cite news |title=Drink-drivers in Nepal face the 'smell test' crackdown |url=https://sg.news.yahoo.com/drink-drivers-nepal-face-smell-test-crackdown-034220138.html |work=Yahoo News |date=22 July 2012 |language=en-SG}}</ref>{{acn|date=March 2024}}
*]: Falls under drink and drugs, S. No 14. No set limit. Eight penalty points.<ref> {{webarchive|url=https://web.archive.org/web/20120712032930/http://www.infopak.gov.pk/driving_license.aspx|date=12 July 2012}}</ref>
*]: 0.06%.{{citation needed|date=August 2012}} Breathalyzer testing is not used routinely. If suspected by police the driver is produced before the closest government medical officer who examines and determines whether the driver is under influence. If the driver refuses examination by the medical officer, they are considered to have been under influence by default.


===Southeast Asia===
In ], a person can be charged with a DUI for driving under the influence of alcohol, regardless of his or her BAC; under the influence of drugs; with a blood alcohol concentrations (BAC) greater than .08 per 210 liters of breath; or under the combined influence of drugs and alcohol.<ref>{{cite web|title=Virginia DUI Explained by a Virginia Lawyer|url=http://www.dischleylaw.com/virginia-dui-dwi-explained/}}</ref> If charged with a first or second offense DUI, it is punishable as a class 1 misdemeanor. This means that the charged individual would be facing up to 12 months in jail and a fine not more than $2,500.00.<ref name="Virginia DUI Punishments">{{cite web|title=Virginia DUI Punishments|url=http://www.dischleylaw.com/virginia-dui-dwi-punishment/}}</ref> A third offense is a felony in Virginia.<ref name="Virginia DUI Punishments"/>
*]: 35 micrograms of alcohol in 100 milliliters of breath or 80 milligrams of alcohol in 100 milliliters of blood.<ref>{{cite web|url=http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap068.pdf |title=Chapter 68 Road Traffic Act |publisher=AGC Brunei |date=2007}}</ref>
*]: 0.05%<ref name=BAC/>
*]: 0<ref name=BAC/>
*]: 80&nbsp;mg/100&nbsp;mL of blood.<ref>In April 2010 Vientiane Traffic Police Department launched operation A+E (Awareness and Enforcement) to crack down on driving offences including drunk driving. The KPL Lao news release 6 April 2010 mentions the national legal limit as 80 mg.</ref>{{citation needed|date=August 2012}}
*]: 0.08%, or 80&nbsp;mg/100&nbsp;mL alcohol in blood.<ref>{{cite web |url=http://www.kimia.gov.my/en/faq.html |title=What is the legal limit of alcohol in the blood? |publisher=Department of Chemistry Malaysia |date=17 November 2014 |access-date=5 December 2014 |archive-date=8 December 2014 |archive-url=https://web.archive.org/web/20141208101458/http://www.kimia.gov.my/en/faq.html |url-status=dead }}</ref> According to the Road Traffic (Amendment) Act of 2020, which took effect on 23 October 2020, the following are the alcohol limits imposed by amendment: 22 micrograms of alcohol in 100 milliliters of breath; 50 milligrams of alcohol in 100 milliliters of blood; 67 milligrams of alcohol in 100 milliliters of urine.<ref>{{cite web |url=https://driveinmalaysia.com/blog/2021/drunk-driving-in-malaysia/ |title=Drunk Driving in Malaysia: Preliminary Information, Law, and Penalties |publisher=Drive in Malaysia: Malaysia's First Ever Traffic Rules and Test Website |date=3 August 2021 |access-date=23 April 2022 }}</ref>
*]: The Republic Act 10586 or the "Anti-Drunk and Drugged Driving Act of 2013" indicates that blood alcohol content (BAH) should be 0.05% for non-professional drivers and 0.01% for motorcycle riders and professional drivers. A traffic enforcer must first establish probable cause before directing a motorist suspected of DUI to pull over. Then, the motorist should do the following field sobriety tests—the horizontal gaze nystagmus (eye test), the walk-and-turn, and one-leg stand. A breath analyzer shall only be used after the motorist fails these three tests.<ref>{{cite web|url=http://news.abs-cbn.com/nation/metro-manila/03/10/15/some-facts-new-anti-drunk-driving-law|title=Some facts on the new anti-drunk driving law|website=]|date=10 March 2015}}</ref>
*]: 0.08% (80&nbsp;mg/100&nbsp;mL alcohol blood) or BrAC: 35&nbsp;μg/100&nbsp;mL alcohol in breath, strictly enforced.<ref>{{cite web |url=https://www.mountelizabeth.com.sg/healthplus/article/festive-drinking-driving |title=Responsible Drinking: Drink Driving & Blood Alcohol Level |publisher=Mount Elizabeth Hospitals, Singapore |access-date=2 May 2022}}</ref><ref>"“prescribed limit” means —
(a) 35 microgrammes of alcohol in 100 millilitres of breath; or
(b) 80 milligrammes of alcohol in 100 millilitres of blood." {{cite web|url=https://sso.agc.gov.sg/Act/RTA1961?ProvIds=pr72-&ViewType=Within&Phrase=microgrammes&WiAl=1 |title=Road Traffic Act 1961 - Singapore Statutes Online |publisher=Legislation Division of the Attorney-General's Chambers of Singapore |access-date=2 May 2022}}</ref>
*]: Zero for professional or commercial drivers, 0.05% for other drivers, except for 2 years license holder or who has no a driving license are limited at 0.02%.<ref name=BAC/>
*]: 0<ref>{{cite web|url=http://vanban.chinhphu.vn/portal/page/portal/chinhphu/hethongvanban?class_id=1&mode=detail&document_id=197311|title=Điều 35: Luật phòng, chống tác hại của rượu, bia|date=1 January 2020|trans-title=Article 35, Law on Preventing Alcohol's Harmful Effects (Vietnamese)|access-date=7 January 2020}}</ref><ref name="BBCVietnam">{{cite news |last1=Morgan |first1=Martin |title=Vietnam bars offer drinkers a ride home |url=https://www.bbc.com/news/blogs-news-from-elsewhere-51032614 |access-date=16 January 2020 |work=BBC News |date=8 January 2020}}</ref>


===Western Asia===
Like California, the punishment for a DUI is aggravated for subsequent offenses that occur within a 10 year period. However, any offense committed after a conviction of a felony DUI will remain a felony offense regardless of the time period between offenses. If a person has never been convicted of felony DUI and more than 10 years passes between offenses, the person will only be charged with a first offense. The time period is measured from the date of the offense.<ref>{{cite web|title=Penalties for Driving While Intoxicated in Virginia|url=http://www.dischleylaw.com/§-18-2-270-penalty-driving-intoxicated-subsequent-offense-prior-conviction/}}</ref>
*]: 0.02% of pure alcohol in blood or 0.1 milligrams of alcohol per liter for exhaled air.<ref>{{cite web |title=Code Of The Republic Of Armenia On Administrative Offenses |url=https://new.arlis.am/en/acts/31554 |website=ARLIS.am |publisher=Ministry of Justice of the Republic of Armenia |access-date=31 Jan 2024}}</ref>
*]: 0<ref>{{Citation|url =http://www.gov.uk/foreign-travel-advice/azerbaijan/safety-and-security|title =Azerbaijan travel advice|work =Foreign travel advice |publisher =www.gov.uk| access-date =19 February 2015|ref = none}}</ref>
*]: 0<ref>{{Cite web |title=Local laws and customs - Bahrain travel advice |url=https://www.gov.uk/foreign-travel-advice/bahrain/local-laws-and-customs |access-date=2024-04-28 |website=GOV.UK |language=en}}</ref>
*]: Not applicable, alcohol is banned
*]: 0.04%<ref name=BAC/>
*]: 0.024% 24&nbsp;mg/100&nbsp;mL alcohol in breath (penalties only apply above 29&nbsp;mg/100&nbsp;mL alcohol in breath due to lawsuits about sensitivity of devices used).<ref>{{Cite news|url=https://www.jpost.com/Israel/Court-resets-drunk-driving-threshold|title=Court resets drunk driving threshold|work=The Jerusalem Post {{!}} JPost.com|access-date=13 May 2018}}</ref> New drivers, drivers under 24 years of age and commercial drivers 0.005% 5&nbsp;mg/100&nbsp;mL alcohol in breath.<ref>{{Cite web|url=http://en.mot.gov.il/component/content/article/45-highlights/327-alcoholanddriving|title=Alcohol and Driving|last=Kadoorie|first=Ronen|website=en.mot.gov.il|language=en-gb|access-date=13 May 2018|archive-url=https://web.archive.org/web/20180427165844/http://en.mot.gov.il/component/content/article/45-highlights/327-alcoholanddriving|archive-date=27 April 2018|url-status=dead}}</ref>
*]: 0.05.<ref name=BAC/> Breathalyzer testing is not routinely used. If suspected by police the driver is produced before the closest government medical officer who examines and determines whether the driver is under influence.
*]: Not applicable, alcohol is banned
*]: 0.02%, often unenforced
*]: 0.08%<ref name=BAC/>
*]: 0<ref>{{cite web |title=Drinking and Driving - Qatar |url=https://www.angloinfo.com/how-to/qatar/transport/driving/drink-driving |website=Angloinfo |access-date=29 October 2023 |language=en}}</ref>
*]: Not applicable, alcohol is banned
*]: often unenforced, unless heavily drunk and driving. License revoked for 1 to 3 months£. S{{Thinsp}}2,000 fine.
*]: 0.50 promil for private car drivers, 0.20 promil for all others<ref></ref>
*]: 0<ref>{{Cite web |last=Francisco |date=2023-10-19 |title=2024 DUI Laws in Dubai - Consequences of Drunk Driving |url=https://emiratiguard.com/driving-under-the-influence-of-alcohol |access-date=2024-04-28 |website=Emirati Guard |language=en-US}}</ref><ref>{{Cite web |date=2023-06-03 |title=No Driving under the Influence! |url=https://www.roadsafetyuae.com/no-driving-under-the-influence/ |access-date=2024-04-28 |website=Road Safety UAE |language=en-US}}</ref>


==Europe==
In Virginia, a conviction prompts the DMV to suspend the license of the offender for the requisite period of time depending on the offense. There is no subsequent DMV hearing in Virginia.
]


Note: ''Zero'' usually means ''below detection limit''.
If the DUI offense involves the use of alcohol, Virginia law permits the fact finder to infer intoxication if the person's BAC is .08 or higher as measured on a chemical test. If the person's BAC is less than .05, Virginia law presumes that the person is not intoxicated. However, there is no presumption for a BAC greater than .05 but less than a .08. This means a person could be convicted of a DUI with a BAC as low as .06. In addition to these presumptions, Virginia law also presumes that a person is under the influence if he or she has certain levels of specific drugs in their system (e.g. cocaine, heroin, pcp, etc.)
*]: 0.01%<ref name="icap">'' {{webarchive|url=https://web.archive.org/web/20080702135901/http://www.icap.org/PolicyIssues/DrinkingandDriving/BACTable/tabid/199/Default.aspx |date=2 July 2008 }}'', International Centre For Policy Studies. Page retrieved 30 October 2006</ref>
*]: 0.05%
*]: 0.05%<ref name=BAC/> 0.01% for drivers who have held a license for less than two years and drivers of vehicles over 7.5 tonnes {{citation needed|date=August 2012}}
*]: 0.03%
*]: 0.05%<ref name="icap"/> Fines and driving bans increase as the alcohol concentration in the blood increases.<ref>{{cite web|url=http://www.etsc.eu/documents/C.pdf|title=ETSC Fact Sheet, Belgium, January 2011|access-date=30 March 2018|archive-url=https://web.archive.org/web/20130527043605/http://www.etsc.eu/documents/C.pdf|archive-date=27 May 2013|url-status=dead}}</ref>
*]: 0.03% for all drivers except for drivers of C, CE, D and DE categories, public service drivers, professional drivers, driving instructors, and drivers younger than 21 years or without 3 years of experience, where the limit is zero<ref>{{cite web|url=http://www.homologacija.gov.ba/index.php?option=com_content&view=article&id=70&Itemid=74|title=ZAKON O OSNOVAMA BEZBJEDNOSTI SAOBRAĆAJA NA PUTEVIMA U BIH|last=Administrator|website=homologacija.gov.ba|access-date=30 March 2018|archive-date=28 January 2018|archive-url=https://web.archive.org/web/20180128233027/http://www.homologacija.gov.ba/index.php?option=com_content&view=article&id=70&Itemid=74|url-status=dead}}</ref>
*]: 0.05%<ref name=BAC/>
*]: 0.05%. Zero for drivers aged 18 to 24 and professional drivers on duty.<ref>{{Cite web|url=http://narodne-novine.nn.hr/clanci/sluzbeni/339713.html|title=67 9.6.2008 Zakon o sigurnosti prometa na cestama|website=narodne-novine.nn.hr|access-date=24 August 2016}}</ref><ref>{{cite web |url=http://www.mup.hr/main.aspx?id=26496 |title=Zakonske odredbe |publisher=mup.hr |date=21 January 2014 |access-date=26 January 2014 |archive-url=https://web.archive.org/web/20131115165430/http://mup.hr/main.aspx?id=26496 |archive-date=15 November 2013 |url-status=dead |df=dmy-all }}</ref>
*]: 0.05%<ref name=BAC/> or 0.22 gram per liter.<ref name="auto">{{Cite web|url=https://ec.europa.eu/transport/road_safety/specialist/knowledge/alcohol/prevalence_amp_rate_of_alcohol_consumption/the_legal_limit_en|title=The legal limit|date=17 October 2016|website=Mobility and transport - European Commission}}</ref>
*]: 0.05%<ref>{{Cite web |title=How much can you drink while driving in Northern Cyprus? |url=https://cyprus-faq.com/en/north/transport/skolko-mozhno-vypit-za-rulem-na-severnom-kipre/ |access-date=2024-04-28 |website=CYPRUS FAQ |language=en}}</ref>
*]: Zero<ref name="icap"/>
*]: 0.05% for all motor vehicles, but zero if not driving safely. For first time offenders, 0.05 to 0.12% results in a fine and conditional suspension of the drives license (has to retake the driver's license test and an alcohol-and-vehicles course). Between 0.12 and 0.20% results in a fine and three year complete suspension of the driver's license followed by a new driver's license test and an alcohol-and-vehicles course. Below 0.20%, the fine equals one month's pay after taxes × BAC × 10. Above 0.20%, the perpetrator receives a 20-day conditional prison sentence, a fine equal to one month's pay after taxes, the car usually is confiscated, and the driver's license is completely suspended for three years followed by a new driver's license test, an alcohol-and-vehicles course and a two-year period with a ]. Regardless of alcohol level, the penalty significantly increases for repeat offenders.<ref>{{cite web |url=https://www.sikkertrafik.dk/Raad-og-viden/I-bil/Alkohol/Strafferamme-for-spritkoersel.aspx |title=Straf for spritkørsel &#124; Sikker Trafik |publisher=Sikkertrafik.dk |access-date=26 January 2014 |archive-date=2 February 2014 |archive-url=https://web.archive.org/web/20140202153134/https://www.sikkertrafik.dk/Raad-og-viden/I-bil/Alkohol/Strafferamme-for-spritkoersel.aspx |url-status=dead }}</ref><ref>{{cite web |url=https://fdm.dk/alt-om-biler/love-regler/faerdselsregler/bilen-kan-konfiskeres-ved-spirituskoersel |title=Hvilke regler gælder om spirituskørsel?|date=30 June 2017 |publisher=FDM |access-date=20 February 2023 }}</ref> There are no exact limits for vehicles without a motor (e.g., bicycles), but if a person is regarded as being incapable of operating one safely it results in a fine.<ref>{{cite web |url=https://www.cyklistforbundet.dk/alt-om-cykling/lov-og-regler/bodetakster/ |title=Bødetakster |publisher=Cyklistforbundet |access-date=20 February 2023 }}</ref>
*]: 0.02%<ref> Transport, Road safety 10-2020</ref>
*]: for motor vehicles, 0.05%,<ref name="icap"/> or 0.22&nbsp;mg/1&nbsp;L alcohol in breath, aggravated: 0.12% or 0.53&nbsp;mg/1&nbsp;L alcohol in breath.<ref>{{Cite web|url=https://www.finlex.fi/fi/laki/ajantasa/1889/18890039001#L23|title=FINLEX ® - Ajantasainen lainsäädäntö: Rikoslaki 39/1889|last=Oy|first=Edita Publishing|website=finlex.fi|language=fi|access-date=2020-01-04|archive-date=10 March 2021|archive-url=https://web.archive.org/web/20210310184550/https://www.finlex.fi/fi/laki/ajantasa/1889/18890039001#L23|url-status=dead}}</ref> The penalty is a fine or jail up to six months plus license suspension from one month to five years. For aggravated, also a prison sentence (sixty days to two years) is possible,<ref>{{cite web|url=http://poliisi.fi/poliisi/home.nsf/pages/249DD1BCBDEE9739C2256BC7002E46AC?opendocument |title=Rattijuopumuksen seuraukset |publisher=Poliisi.fi |access-date=26 January 2014 |url-status=dead |archive-url=https://web.archive.org/web/20130808211733/http://poliisi.fi/poliisi/home.nsf/pages/249DD1BCBDEE9739C2256BC7002E46AC?opendocument |archive-date=8 August 2013 }}</ref> usually as a suspended sentence. For users of non-motor vehicles such as bicycles or light electric vehicles, there is no set blood alcohol limit, but endangerment caused by driving while intoxicated is punishable. ], without a probable cause, is permitted and often practiced.
*]: 0.05% or 0.02% for new drivers (under three years of driving license) and bus drivers (€135 fine and six demerit points on the driver's license, which can be suspended for three years maximum),<ref name="icap"/> 0.08% (aggravated, criminal offense, license suspension for three years, €4,500 fine, and up to two years' imprisonment)
*]: 0.03%<ref name=BAC/>
*]: Zero for beginners (less than two years' experience or under the age of 21), professional drivers, bus drivers, truck drivers, and drivers transporting passengers commercially; 0.03% in conjunction with any other traffic offense or incident; 0.05% otherwise.<ref>{{cite web |author1=52nd Fighter Wing Legal Office |title=What you don't know about German DUI law |url=https://www.spangdahlem.af.mil/News/Article-Display/Article/294611/what-you-dont-know-about-german-dui-law/ |website=Spangdalhelm Air Base |date=21 April 2011 |publisher=U.S. Air Force |access-date=17 June 2020}}</ref><ref>{{cite web |title=Blood Alcohol Content (BAC) Drink Driving Limits across Europe |url=https://etsc.eu/blood-alcohol-content-bac-drink-driving-limits-across-europe/ |website=ETSC |publisher=European Transportation Safety Council |access-date=17 June 2020 |date=December 2019}}</ref> For cyclists, the limit is set at 0.16%, where not in conjunction with any other traffic offense or incident. Starting at 0.16%, cyclists face the same penalties as they would for operating a motor vehicle.<ref>{{cite news |title=Alkohol im Straßenverkehr Promille-Grenze für Radfahrer bleibt bei 1,6 |url=https://www.mz-web.de/politik/alkohol-im-strassenverkehr-promille-grenze-fuer-radfahrer-bleibt-bei-1-6-3063062 |access-date=17 June 2020 |publisher=Mitteldeutsch Zeitung |date=8 November 2013 |language=de}}</ref>{{paragraph}} Penalties start at a €500 fine and one-month license suspension, fines are means tested based upon one's disposable income. From 0.11%, the penalty is means tested based upon one's disposable income but at minimum a €500 fine and the withdrawal of the driver's license for at least six months, but usually about one year and in some cases, the driving licence is revoked rather than withdrawn (this penalty is set by the court and revocation means a new licence needs to be applied for after the period instated by the court). In certain states (Berlin, Bavaria, Baden-Wurttemberg) a ] (MPU) will be ordered from 0.11% in order to be reissued with a new licence after one's revocation period and this also optionally may be ordered (at the authority's discretion) in all other states; from 0.16%, reissue of the licence requires a successful MPU.<ref name="nickel">and carries a €500 fine and a minimum licence suspension of one year, but usually carries out a higher suspension as prerequisites for reissue of licences</ref> From 0.11% within ten years of an offense from 0.05%, there is a minimum €1,000 fine and a one-year license withdrawal; the driver has to successfully pass an MPU and is required to prove to the court that they have been sober for the last twelve months, before they can get their licence back. For repeat offenses, the fine is multiplied by the ordinal of the offence (doubled, tripled, etc.), regardless of the amount by which the driver was over the limit. These minimum penalties are usually exceeded by the German courts. From 0.11%, the courts usually also require the DUI offender to do unpaid community service. Note that decisions on licence reinstatement after revocation do not lie with the court but with the local administrative office for driving licenses (Verkehrsamt).
*]: 0.05%<ref> Page retrieved 30 October 2006.</ref>
*]: 0.05% (BrAC 0.25&nbsp;mg/L),<ref name="icap"/> reduced to 0.02% (BrAC 0.10&nbsp;mg/L) for unlicensed or new drivers who have held a license for less than two years, motorcycle and professional drivers. Above 0.11% (BrAC 0.60&nbsp;mg/L) it's considered a flagrant misdemeanour punishable with up to two years of imprisonment and a hefty fine in the court plus the revoking of the driver's licence for six months. ] without a probable cause is permitted and practised by the traffic police, especially on weekends and major holidays.
*]: 0<ref name=BAC/>
*]: 0.02%<ref>{{Cite web|url=https://www.ruv.is/frett/iceland-lowers-drink-drive-limit|title=Iceland lowers drink-drive limit|date=13 June 2019|website=RÚV}}</ref>
*]: 0.05% generally or 0.02% for learner drivers, newly qualified drivers (those who have their license for less than two years) and professional drivers, and those who do not have their driving license on them when stopped by the ].<ref>{{Cite news |url=https://www.rte.ie/news/2011/1028/308011-drinkdriving/|title=New drink-driving laws in effect|date=28 October 2011 |work=rte.ie}}</ref> Police do not need a reason to request a breath sample. Being convicted of drunk driving usually carries a two-year ban as well as a €1,500 fine.<ref>{{cite web|url=http://www.independent.ie/national-news/one-pint-too-much-as-drive-limit-cut-1314142.html|title=One pint too much as drive limit cut - Independent.ie|access-date=30 March 2018}}</ref>
*]: From 0.05% to 0.08%<ref>{{cite web |title=Prevention of Drug and Alcohol Driving - Device |url=https://presidenza.governo.it/AmministrazioneTrasparente/BandiContratti/Archivio/accordi_pa/politicheAntidroga/01Progetto%20PREDALD%20DEVICE.pdf |publisher=Centro Collaborativo DPA |access-date=21 February 2022}}</ref> (€543–2,170 fine, three to six months' license suspension), from 0.08% to 0.15% (it's an offence, €800–3,200 fine, six to twelve months' license suspension, up to six months' imprisonment), over 0.15% (it's an offence, €1,500–6,000 fine, one to two years' license suspension, six to twelve months' imprisonment, vehicle seizure and confiscation), zero for drivers with less than three years' experience and professional drivers (bus, trucks, etc.). License is always revoked in case of: professional drivers, second offence committed within two years or in case of a crash. If the driver refuses examination he is considered to have been under influence by default applying the over 0.15% rules.<ref>{{cite web |title=Consulenza Legale Italia art. 186 / 186 bis c.d.s |url=https://www.aci.it/i-servizi/normative/codice-della-strada/titolo-v-norme-di-comportamento/art-186-guida-sotto-linfluenza-dellalcool.html |website=Automobile Club d'Italia |access-date=21 February 2022}}</ref><ref>{{cite web |title=Cosa dice la legge |url=https://www.aci.it/laci/sicurezza-stradale/alcool-e-guida/cosa-dice-la-legge.html |website=Automobile Club d'Italia |access-date=21 February 2022}}</ref> Routine breath testing without probable cause is permitted and practiced by various law enforcement agencies.
*]: 0.02% for drivers with less than two years of experience and 0.05% for those with more than two years of experience.<ref>{{Cite web |url=https://www.mfa.gov.lv/en/about-the-ministry/state-protocol/driving-under-the-influence-of-alcohol-and-police-powers |title=Driving under the influence of alcohol and police powers |access-date=19 December 2019 |archive-date=19 December 2019 |archive-url=https://web.archive.org/web/20191219151006/https://www.mfa.gov.lv/en/about-the-ministry/state-protocol/driving-under-the-influence-of-alcohol-and-police-powers |url-status=dead }}</ref>
*]: 0.08%<ref>{{cite web |title=Liechtenstein travel advice |url=https://www.gov.uk/foreign-travel-advice/liechtenstein/safety-and-security |website=Foreign and Commonwealth Office |access-date=24 August 2018}}</ref>
*]: Zero for taxi, truck, bus, motorcycle drivers, drivers with less than two years of experience and 0.04% for those with more than two years of experience<ref name="icap"/>
*]: 0.02% for professional drivers and drivers with less than two years of experience and 0.05% for the rest (€145 fine and two demerit points on the driving licence if caught). 0.08% earns drivers a citation, 0.12% means loss of license (since 1 October 2007)<ref>{{Cite web|url=http://www.police.public.lu/actualites/a_connaitre/circulation_routiere/2011/03/infractions_cdr/index.html|archive-url=https://web.archive.org/web/20140315051551/http://www.police.public.lu/actualites/a_connaitre/circulation_routiere/2011/03/infractions_cdr/index.html|url-status=dead|title=police.lu - Extrait de quelques infractions au code de la route|archive-date=15 March 2014}}</ref>
*]: 0.08%<ref name="icap"/> Malta is the only EU country with a rate greater than 0.05%. Malta is not able to compute the rate of traffic fatalities due to alcohol.<ref>{{Cite web|url=https://timesofmalta.com/articles/view/road-incident-statistics-in-malta-incomplete-and-of-little-use.180715|title=Road incident statistics in Malta: Incomplete and of little use|date=15 July 2007 }}</ref>
*]: 0.03%<ref name="icap"/>
*]: 0.03%<ref name="icap"/>
*]: 0.05%<ref name="icap"/> or 220 μg/L BrAC,{{cn|date=October 2023}} 0.02% for drivers with less than five years' experience (or less than seven years' experience when the driver got his/her license before reaching the age of eighteen). Educational measures or rehabilitation courses are given when disobeying the law. The LEMA (Light Educational Measure Alcohol and traffic) consists of two half-days of 3.5 hours each. LEMA is intended for drivers with a BAC between 0.8‰ and 1.0‰ (between 0.5‰ and 0.8‰ for novice drivers). In the Netherlands, the legal limit for this group of drivers is 0.2‰. The course is compulsory; if refused (or when not participating actively enough), the driving licence is declared invalid. The offender must pay the course fee of €647 (CBR pricelist 2015).<ref>{{Cite web|url=https://www.alcoholinfo.nl/verkeer/lema|title=Wat is de EMA/LEMA cursus? Alles wat je moet weten|date=24 February 2020}}</ref> The EMA (Educational Measure Alcohol and traffic) is a two-day course (one full day and two half-days) given to people who participated in traffic with a blood alcohol concentration (BAC) between 1.0‰ and 1.3‰ (between 0.8‰ and 1.0‰ for novice drivers). EMA is compulsory: if the offender does not participate (or not actively enough), the driving licence is suspended. In addition, the offender must pay the course fee of €1033 (CBR pricelist 2015).<ref>{{Cite web|url=https://www.alcoholinfo.nl/verkeer/ema|title = Wat is de EMA/LEMA cursus? Alles wat je moet weten|date = 24 February 2020}}</ref>
*]: Zero for professional drivers, public service drivers, commercial transport and beginner drivers, 0.05% for all others<ref>No.234 {{dead link|date=June 2017|bot=InternetArchiveBot|fix-attempted=yes}} in Macedonian</ref>
*]: 0.02%.<ref name="icap"/> Punishment depends on the alcohol level. 0.02% (fine, but one may also risk a suspended licence if any aggravated circumstances are present.), 0.05% (fine, suspended sentence and suspended license), 0.1% (fine, suspended or mandatory sentence and suspended license), 0.15% (fine, mandatory sentence and suspended license). The guidelines state that the fine for an alcohol level of more than 0.05% should be around 1.5 months base salary and usually not lower than 10,000 NOK. For 0.02% to 0.05% the fine is lower. Prison sentences are usually around three weeks to three months with a maximum of one year. The suspension period varies from less than a year to forever, when license is suspended forever, one may apply to get it back after five years.<ref>(page in Norwegian). Page retrieved 21. June 2011.</ref>
*]: 0.02% (misdemeanour, punishable by fine and 10 penalty points, suspended sentence of up to 30 days of jail and possible driving license suspension for up to 3 years), 0.05% (crime, punishable by fine and 10 penalty points, suspended sentence or mandatory sentence of jail up to 2 years, possible driving license suspension from 3 years up). Intoxication is also considered an aggravated circumstance in case of a crash, resulting in a more severe punishment.<ref>{{cite journal |title= Effects of ethyl alcohol on injuries severity according to injury severity scales in pedestrian fatal injury in traffic crashes |journal= International Journal of Injury Control and Safety Promotion|pages= 112–120|publisher= Taylor and Francis Group |doi= 10.1080/17457300.2019.1665551|pmid= 31524049|year= 2019|last1= Lasota|first1= Dorota|last2= Goniewicz|first2= Mariusz|last3= Kosson|first3= Dariusz|last4= Ochal|first4= Andrzej|last5= Krajewski|first5= Paweł|last6= Tarka|first6= Sylwia|last7= Goniewicz|first7= Krzysztof|last8= Mirowska-Guzel|first8= Dagmara|volume= 27|issue= 2|s2cid= 202580955}}</ref><ref>{{cite journal |doi=10.3390/ijerph16081471|doi-access=free|title=The Effect of Ethyl Alcohol upon Pedestrian Trauma Sustained in Traffic Crashes|year=2019|last1=Pawłowski|first1=Witold|last2=Lasota|first2=Dorota|last3=Goniewicz|first3=Mariusz|last4=Rzońca|first4=Patryk|last5=Goniewicz|first5=Krzysztof|last6=Krajewski|first6=Paweł|journal=International Journal of Environmental Research and Public Health|volume=16|issue=8|page=1471|pmid=31027255|pmc=6517985}}</ref><ref>{{cite journal |title= The effect of ethyl alcohol on the severity of injuries in fatal pedestrian victims of traffic crashes |journal = PLOS ONE|volume = 14|issue = 9|pages = e0221749|publisher= PLOS |doi = 10.1371/journal.pone.0221749|pmid = 31504039|pmc = 6736251|year = 2019|last1 = Lasota|first1 = Dorota|last2 = Goniewicz|first2 = Mariusz|last3 = Kosson|first3 = Dariusz|last4 = Ochal|first4 = Andrzej|last5 = Krajewski|first5 = Paweł|last6 = Tarka|first6 = Sylwia|last7 = Goniewicz|first7 = Krzysztof|last8 = Mirowska-Guzel|first8 = Dagmara|bibcode = 2019PLoSO..1421749L|doi-access = free}}</ref>
*]: Above 0.2 but lower than 0.5 g/L for drivers with less than three years of experience, emergency vehicle drivers, children transportation, drivers younger than 16, taxi drivers, drivers of C, CE, D, DE categories, hazardous material transport drivers and TVDE (Transport of Passengers in Unmarked Vehicles by Electronic Platform Operators). constitutes a fine of €250 up to €1250 and it may occur in inhibition of driving from 1 month up to 1 year. From 0.5 g/L above it will incur in a fine from €500 up to €2500 and a driving inhibition from 2 months up to 2 years. After 1.2 g/L it is considered a crime. For all other drivers, from 0.5 but below 0.8 g/L incurs in a fine from €250 to €1250 and the 1 month to 1 year inhibition, while from 0.8 to below 1.2 g/L incurs in a fine from €500 to €2500 with the 2 months to 2 years inhibition. 1.2 g/L and above is also a crime for these drivers <ref name="icap"/> <ref>{{Cite web |title=::: DL n.º 114/94, de 03 de Maio |url=https://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?artigo_id=349A0145&nid=349&tabela=leis&pagina=1&ficha=1&so_miolo=&nversao=#artigo |access-date=2024-07-10 |website=www.pgdlisboa.pt}}</ref>
*]: 0.00% mg/L. Below 0.40% mg/L alcohol ] in ] results in highest-category (expensive) ] (between 3,045 RON - 7,250 RON, equivalent of ~630 ] - 1500 ]) and suspended ] for 3 months. Above 0.40% mg/L ] in ] results in pursuing criminal action (with or without temporary incarceration, upon circumstances), which most often leads to ] between 1 and 5 years or criminal ] in best cases.<ref>{{cite web|url=https://www.promotor.ro/utile/cod-rutier-2019-care-este-limita-de-alcoolemie-pentru-contraventie-si-cand-devine-infractiune-18163308|title=Care este limita de alcoolemie. Contraventie si Infractiune|date=14 June 2020}}</ref>
*]: 0.0356% since 1 September 2013,<ref>{{cite web|url=http://www.bbc.co.uk/russian/russia/2013/07/130724_zero_permille_lifted.shtml|title=Russia lifts zero permille limit for drunk driving|publisher=bbcrussian|date=24 July 2013}}</ref><ref>{{cite web|url=http://www.itar-tass.com/en/c39/786163.html|title=Russian drivers to be allowed to have slight alcohol content in blood|publisher=Itar-tass|date=26 July 2013}}</ref> previously zero since 2010<ref name="gazetaru">(Russian) Medvedev signed the law, completely abolishing any alcohol limits. Even minimal alcohol content will lead to revoking of the driving licence </ref>
*]: 0.02% for all, zero for motorcycle drivers, professional drivers, public service drivers, commercial transport and beginning drivers<ref>{{Cite web |url=http://www.theaa.com/motoring_advice/touring_tips/serbia.pdf |title=Serbia Touring Tips - South East Europe |access-date=17 February 2014 |archive-url=https://web.archive.org/web/20160315193339/http://www.theaa.com/motoring_advice/touring_tips/serbia.pdf |archive-date=15 March 2016 |url-status=dead |df=dmy-all }}</ref>
*]: The law is zero. But the police will not prosecute a BAC below 0.03% or a BrAC below 0.15 mg/l.<ref>{{cite news |last1=Chvála |first1=Rastislav |title=Pri dychovej skúške nafúkame miligramy a nie promile |url=http://auto.sme.sk/c/3010693/pri-dychovej-skuske-nafukame-miligramy-a-nie-promile.html |access-date=2 January 2024 |work=auto.sme.sk |language=sk}}</ref>
*]: Zero for drivers with three years' experience or less and professional drivers, 0.24&nbsp;mg/L (0.05%) for all others{{citation needed|date=August 2012}} The driver's license of those who reject the sobriety test may be revoked permanently, and their revocation stays in records indefinitely.<ref>{{cite web|last=Toplak|first=Jurij|date=2020-05-20|title=The ECHR and the right to have a criminal record and a drink-drive history erased|url=https://strasbourgobservers.com/2020/05/20/the-echr-and-the-right-to-have-a-criminal-record-and-a-drink-drive-history-erased/|access-date=2020-09-13|website=Strasbourg Observers|language=en}}</ref>
*]: 0.05% ] (0.25&nbsp;mg/L BrAC)<ref> (page in Spanish). Page retrieved 14 August 2016.</ref> and 0.03% ] (0.15&nbsp;mg/L BrAC) for drivers with less than two years' experience and drivers of freight vehicles over 3.5 tonnes, and of passenger vehicles with more than nine seats. Surpassing the limit is a serious offense, fined with €500.<ref>{{cite web|url=http://www.dgt.es/es/prensa/notas-de-prensa/2015/20150601-drogas-y-alcohol-objetivo-de-la-nueva-campania-de-vigilancia-de-trafico.shtml|title=Drogas y alcohol objetivo de la nueva campaña de vigilancia de Tráfico. |website=dgt.es|access-date=30 March 2018}}</ref> Driving with an alcohol rate over 0.12% is a crime (up to six months' imprisonment and license suspension up to one year).<ref>{{cite web|url=http://noticias.juridicas.com/articulos/55-Derecho+Penal/20120511-los-delitos-contra-la-seguridad-vial-y-el-atestado-policial.html|title=Los Delitos contra la seguridad vial y el atestado policial. Noticias Jurídicas|first=Noticias|last=Jurídicas|access-date=30 March 2018}}{{Dead link|date=February 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
*]: 0.02%. Above 0.1% is considered aggravated.<ref>{{Cite web|url=https://www.trafikverket.se/resa-och-trafik/Trafiksakerhet/Din-sakerhet-pa-vagen/Rattfylleri/Vad-sager-lagen-om-rattfylleri/|title=Vad säger lagen om rattfylleri?|website=Trafikverket}}</ref> Annually about 2.5 million random tests are performed for alcohol and about twelve thousand tests on suspicion of drugs.<ref>{{cite web|url=http://www.nyteknik.se/nyheter/innovation/forskning_utveckling/article3120725.ece|title=Blåstestet avslöjar knarkade bilförare|access-date=16 April 2018|archive-date=8 March 2016|archive-url=https://web.archive.org/web/20160308190611/http://www.nyteknik.se/nyheter/innovation/forskning_utveckling/article3120725.ece|url-status=dead}}</ref>
*]: Zero for drivers with less than three years' experience, 0.05%<ref name="icap"/> for all others
*]: 0.02%<ref name="Legal BAC limits by country">{{Citation|url =http://apps.who.int/gho/data/view.main.54600|title= Legal BAC limits by country|work= Legal BAC limits-data by country|publisher= apps.who.int|ref= none}}</ref>
*]
**] and ]: 80&nbsp;mg/100&nbsp;mL (~0.08%&nbsp;BAC) alcohol in blood, 35&nbsp;μg/100&nbsp;mL alcohol in breath or 107&nbsp;mg/100&nbsp;mL alcohol in urine.<ref name="UK drink drive limits">{{cite web| url=http://www.drinkaware.co.uk/facts/drink-driving?gclid=COyHkpPxyLACFcohfAod2xijMg| archive-url=https://archive.today/20130422054224/http://www.drinkaware.co.uk/facts/drink-driving?gclid=COyHkpPxyLACFcohfAod2xijMg| url-status=dead| archive-date=22 April 2013| title=Drink driving and the legal alcohol limit| publisher=drinkaware| date=6 June 2012| access-date=12 June 2012}}</ref><ref name="nidirect-drink-driving">{{cite web |title=Drink driving |url=https://www.nidirect.gov.uk/articles/drink-driving |website=nidirect |access-date=22 January 2019 |language=en |date=15 December 2015}}</ref>
** ]: 50&nbsp;mg/100&nbsp;mL (~0.05%&nbsp;BAC) alcohol in blood or 22&nbsp;μg/100&nbsp;mL alcohol in breath (legislation became effective from 5 December 2014)<ref>{{cite web|url=http://news.scotland.gov.uk/News/Lower-drink-drive-limit-118e.aspx|title=Lower drink drive limit|website=Scottish Government News|access-date=16 April 2018|archive-date=25 September 2016|archive-url=https://web.archive.org/web/20160925131505/http://news.scotland.gov.uk/News/Lower-drink-drive-limit-118e.aspx|url-status=dead}}</ref>


====DUI investigation==== ===United Kingdom===
]s in the United Kingdom, in 1967]]


In Britain the practice is called "drink driving". In ] it is a criminal offence to be ''drunk in charge'' of a motor vehicle. The definition of "in charge" depends on such things as being in or near the vehicle, and having access to a means of starting the vehicle's engine and driving it away (i.e., the keys to a vehicle). Someone over the limit in a passenger seat can also be prosecuted if the police believe they had been driving or are able to show that there was a likelihood of them driving.<ref>{{cite web|title=In charge with excess alcohol/while unfit through drink or drugs|url=http://www.drinkdrivinglaw.co.uk/offences/in_charge_of_a_vehicle_with_excess_alcohol.htm#Can_I_be_prosecuted_if_I_am_sitting_in_the_passenger_seat|publisher=Motor Lawyers|access-date=15 February 2016}}</ref> This offense requires an objective measurement of fitness (or otherwise) to drive and is not often prosecuted.
One of three things must happen to trigger a DUI investigation: There must be an observed violation of the law, a driving pattern so suggestive of driving under the influence of alcohol or other drugs so as to provide a reasonable suspicion that a crime has taken place, or a lawful roadblock or checkpoint.


There is also a "prescribed limit" offence of driving a motor vehicle with excess alcohol in the body above the prescribed limit. There are different prescribed limits in different ]. In England and Wales, and in Northern Ireland, the prescribed limit is 35 micrograms of alcohol per 100 millilitres of expired ] breath'' (or 80 milligrams of alcohol per 100 millilitres of blood)'': in Scotland, however, the prescribed limit is only just over half of this, i.e. 22 micrograms of alcohol per 100 millilitres of expired alveolar breath ''(or 50 milligrams of alcohol per 100 millilitres of blood)''.
One reason drivers are stopped on suspicion of DUI is because of driving patterns such as weaving, driving too slowly, or rapid braking or acceleration. Some of the most common reasons police stop drivers, such as speeding, aren’t recognized as DUI driving patterns by the National Highway Traffic Safety Administration.{{Citation needed|date=January 2012}}

====Administrative License Suspension (ALS)====

* Law enforcement officers conduct Field Sobriety Tests (FSTs), including the use of portable breath analyzers (PBAs) for the purposes of determining if probable cause exists for an arrest. Until an arrest has been made, a motorist is under no obligation to perform any test. Most states{{Citation needed|date=February 2010}} consider such a pre-arrest refusal inadmissible in court.
* Depending on previous offenses or refusals, licenses may be automatically suspended for a period of 90 days to five years, or permanently revoked for multiple DWI convictions (]).
* As of 2010, only eight states did not have ALS laws: Kentucky, Michigan, Montana, New Jersey, Pennsylvania, Rhode Island, South Dakota and Tennessee.<ref>, ], February 2010</ref>
An SR-22 is an official documentation required to redeem a suspended drivers license and get a car registered at the local Department of Motor Vehicles (DMV). A SR22 Filing is a form issued by an insurance company which removes a suspension order placed by the DMV's office on an individual's driving privilege. The most common reason for an SR22 filing is an arrest for Driving Under Intoxication (DUI) or Driving While Intoxicated (DWI).{{Citation needed|date=January 2012}} The filing provides a guarantee to the state that an insurance company has issued at least minimum liability coverage for the person making that filing and that the insurance company will notify the DMV should the insurance ever lapse for any reason.
* Drivers in the state of ] who are not lawfully arrested with reasonable cause by a law enforcement officer, DO NOT have to submit to any "on the spot" chemical or physical alcohol testing.<ref></ref>
* In Arizona, a refusal to submit to a chemical test often results in the police obtaining a search warrant and, if necessary, forcibly taking the suspect's blood.

=== Caribbean ===
* ]: 0.08% {{citation needed|date=August 2012}}
* ]: Zero - 0.01% {{citation needed|date=August 2012}}
* ]: Zero (0.05% for professional drivers) {{citation needed|date=August 2012}}
* ]: 0.035% {{citation needed|date=August 2012}}
* ]: 35μg/100mL BrAC / 80&nbsp;mg/ml BAC <ref>{{cite news|title=Police: Zero tolerance for young drivers|url=http://www.trinidadexpress.com/news/Police-Zero-tolerance-for-young-drivers-211318811.html|accessdate=29 September 2013|newspaper=Trinidad Express}}</ref><ref>{{cite web|title=Motor Vehicles and Road Traffic Act|url=http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/48.50.pdf|accessdate=29 September 2013}}</ref>

=== Central America ===
*]: 0.08% {{citation needed|date=August 2012}}
*]: 0.075% {{citation needed|date=August 2012}}
*]: 0.05% {{citation needed|date=August 2012}}
*]: 0.08% {{citation needed|date=August 2012}}
*]: 0.07% {{citation needed|date=August 2012}}
*]: 0.05%<ref>{{Citation|url =http://www.who.int/violence_injury_prevention/road_safety_status/2013/country_profiles/nicaragua.pdf|title =Road safety status of Nicaragua|work =Road safety status of Nicaragua|publisher =www.who.int|accessdate =19 February 2015|ref =none}}</ref>
*]: 0.08% {{citation needed|date=August 2012}}

== South America ==
*]: 0.05% <ref></ref>
*]: 0.05% for professional drivers only<ref name=www.who.int Legal BAC limits by country>{{Citation|url=http://apps.who.int/gho/data/view.main.54600|title =Legal BAC limits by country|work =Legal BAC limits-data by country|publisher =apps.who.int|accessdate =19 February 2015|ref=none}}</ref>
*]: Any BAC up to 0.06% results in a fine and 12 month suspension of the driver's license. Anything above 0.06% is considered a criminal offense.<ref>, Diário Oficial da União - Seção 1 - Edição 20 de 29/01/2013, Pag. 30</ref><ref>, Diário Oficial da União - Seção 1 - Edição 20 de 29/01/2013, Pag. 31</ref>
*]: From 15 March 2012: 0.03%-0.08% the driver is considered to be driving under the influence and carries a three-month suspension and a fine of US$82-US$410 ({{As of|2012|3|19|lc=y}}); over 0.08% the driver is considered to be drunk and carries a prison term of 61 to 301 days, a fine of US$164-US$820 ({{As of|2012|3|19|lc=y}}) and a two-year suspension for the first offense, a five-year suspension for a second offense, and a life suspension for a third offense.<ref>, Articles 110, 193 and 196. Chile Library of Congress, accessed on 18 March 2012.</ref>
*]: Colombia is known to have the toughest penalties against those driving under the influence in all of Latin America and practice a zero policy on DUIs. If a driver is found to be driving between 20 and 39 milligrams of ethanol for every 100 millimeters of blood (equivalent to 0.02%-0.039% BAC), the driver is to have their license suspended for a year, pay a fine of US$914 ({{As of|2013|12|22|lc=y}}), and serve 20 hours of community service. In the most extreme cases, if a driver is found to be driving with grade three alcohol (150 milligrams or more of ethanol), the driver is to have their licence confiscated for 10 years, pay a fine of US$7,314 ({{As of|2013|12|22|lc=y}}), and serve 50 hours of community service. If the driver gets in an accident and causes injuries and or deaths, the driver is to face between 2.5 and 18 years of prison sentence.<ref>{{cite web|url=http://www.eltiempo.com/justicia/tolerancia-cero-ni-una-cerveza-si-va-a-conducir_13310603-4 |title=Tolerancia cero: ni una cerveza si va a conducir - Noticias de Justicia en Colombia |publisher=Eltiempo.Com |date=2013-12-21 |accessdate=2014-01-26}}</ref>
*]: 0.07% {{citation needed|date=August 2012}}
*]: 0.01% {{citation needed|date=August 2012}}
*]: Zero {{citation needed|date=August 2012}}
*]: Drivers below a 0.05% BAC will be given a warning. At a 0.05% and over, the driver will be given a fine and a license suspension of no less than 6 months and no more than 2 years. If the driver is involved in an accident without causing death or severe injury to another individual, he or she may possibly face jail time. If the driver's causes an accident with a BAC over 0.101%, involving death or severe injury to another party, he or she will receive a ] of 3 to 5 years. The driver's license will also be permanently revoked. {{citation needed|date=August 2012}}
*]: 0.08% {{citation needed|date=August 2012}}
*]: 0.03% for amateur drivers (since March 2009) and zero for professional drivers{{citation needed|date=August 2012}}
*]: 0.05% {{citation needed|date=August 2012}}

==Europe==
]

===European Union===
Note: "Zero" usually means "below detection limit".

*]: 0.05%. 0.01% for drivers who have held a licence for less than 2 years and drivers of vehicles over 7.5 tonnes {{citation needed|date=August 2012}}
*]: 0.05%.<ref name=icap/> Fines and driving bans increase as the alcohol concentration in the blood increases.<ref></ref>
*]: 0.05% {{citation needed|date=August 2012}}
*]: Zero<ref name=icap/>
*]: 0.05%<ref>{{cite web|url=http://www.mup.hr/main.aspx?id=26496 |title=Zakonske odredbe |publisher=mup.hr |date=2014-01-21 |accessdate=2014-01-26}}</ref>
*]
*]: 0.05%, imprisonment if over 0.20%, zero if not driving safely. Fine: one months pay after taxes * (BAC*10).<ref>{{cite web|url=https://www.sikkertrafik.dk/Raad-og-viden/I-bil/Alkohol/Strafferamme-for-spritkoersel.aspx |title=Straf for spritkørsel &#124; Sikker Trafik |publisher=Sikkertrafik.dk |date= |accessdate=2014-01-26}}</ref>
*]: 0.019%<ref> . In Estonian. Riigi Teataja</ref>
*]: 0.05%,<ref name=icap/> 0.12% (aggravated). The penalty is a fine or jail up to 6 months plus license suspension from 1 month to 5 years. For aggravated, also a prison sentence (60 days to 2 years) is possible,<ref>{{cite web|url=http://poliisi.fi/poliisi/home.nsf/pages/249DD1BCBDEE9739C2256BC7002E46AC?opendocument |title=Rattijuopumuksen seuraukset |publisher=Poliisi.fi |date= |accessdate=2014-01-26}}</ref> usually as a suspended sentence. ] without a probable cause is permitted and often practiced. Penalties vary by level of intoxication.
*]: 0.05% or 0.02% for bus drivers (€135 fine and 6 demerit points on the driver's license, which can be suspended for 3 years maximum),<ref name=icap/> 0.08% (aggravated, criminal offense, license suspension for 3 years, €4500 fine, and up to 2 years imprisonment)
*]: Zero for beginners (less than 2 years' experience and drivers under the age of 21) as well as for professional drivers, bus drivers, truck drivers and drivers making commercial transportation of passengers; 0.03% in conjunction with any other traffic offense or accident; 0.05% without evidence of alcoholic impact (€500 fine and 1 month license suspension); penalty for 0.11% is a €500 fine and the drivers licence is withdrawn for at least six months, but usually about one year (penalty is set by the Court)); for 0.16% or higher regranting of the licence requires a successful ].<ref name="nickel">and carries a €500 fine and a minimum license suspension of one year, but usually carries out a higher suspension as prerequisites for regranting of licences</ref> If someone is caught with more than 0.11% or higher within 10 Years of the last DUI incident with more than 0.05% and he´s found guilty of DUI, it carries a minimum €1.000 fine and a license suspension of at least one year, he has to take and pass successful an MPU and is required to prove to the Court that he has been sober for the last 12 months, before he can get his license back. Note that the fine is doubled for second offenders and so on, regardless of how much the driver was over the limit. Also, usually German Courts will hand out an extra €-fine to drivers for DUI offences, regardless of the already set penalty. If over 0.11%, the German Courts usually also require the DUI offender to do unpaid community service. Riding a bicycle in Germany, the limit is set to 0.16%, as long as the rider is not involved in an accident. If a cyclist is caught with more than 0.16%, he´s facing the same penalties as if he would have been driving a car with more than 0.16% of alcohol.<ref>(http://www.mz-web.de/politik/alkohol-im-strassenverkehr-promille-grenze-fuer-radfahrer-bleibt-bei-1-6,20642162,24936596.html)</ref>
*]: 0.05% <ref> Page retrieved 30 October 2006.</ref>
*]: 0.05% (BrAC 0.25&nbsp;mg/L),<ref name=icap/> reduced to 0.02% (BrAC 0.10&nbsp;mg/L) for unlicenced or new drivers who have held a license for less than 2 years, motor cycle and professional drivers. Above 0.11% (BrAC 0.60&nbsp;mg/L) it's considered a flagrant misdemeanor punishable with up to 2 years of imprisonment and a hefty fine in the court plus the revoking of the drivers licence for 6 months. ] without a probable cause is permitted and practiced by the traffic police, especially on weekends and major holidays.
*]: Zero
*]: 0.05% generally or 0.02% for learner drivers, newly qualified drivers (those who have their license for less than two years) and professional drivers, and those who do not have their driving license on them when stopped by the ''Gardaí'' (police).<ref></ref> Police do not need a reason to request a breath sample. Being convicted of drunk driving usually carries a 2-year ban as well as a €1500 fine.<ref></ref>
*]: From 0.05% to 0.08% (€500-2000 fine, 3–6 months license suspension), from 0.08% to 0.15% (aggravated, €800-3200 fine, 6–12 months license suspension, up to 6 months imprisonment), over 0.15% (aggravated, €1500-6000 fine, 1–2 years license suspension, 6 to 12 months imprisonment, vehicle seizure and confiscation), zero for drivers with less than 3 years experience and professional drivers (bus, trucks etc...). License is always revoked in case of: professional drivers, second offence committed within two years or in case of an accident. If the driver refuses examination he is considered to have been under influence by default applying the over 0.15% rules.<ref> art. 186 / 186 bis c.d.s.</ref> Limit is zero for newly qualified drivers (those who have their license for less than three years). Routine breath testing without a probable cause is permitted and practiced by various law enforcement agencies.
*]: 0.02% for drivers with less than 2 years of experience and 0.05% for those with more than 2 years of experience
*]: 0.02% for drivers with less than 2 years of experience and 0.04% for those with more than 2 years of experience<ref name=icap/>
*]: 0.02% for professional drivers and drivers with less than 2 years of experience and 0.05% for the rest (EUR 145 fine and 2 demerit points on the driving licence if caught). 0.08% earns you a citation, 0.12% means loss of license (since October 1, 2007) <ref></ref>
*]: 0.08%<ref name=icap/>
*]: 0.05%,<ref name=icap/> 0.02% for drivers with less than 5 years' experience
*]: 0.02% (driving license banned from six months up to three years, prison up to one month), 0.05% (driving license banned from 1 year to 10 years, prison up to two years).<ref name=icap/> Limits and penalties for riding the bicycles were same as for motorized vehicles to December 2013. Almost half of people imprisoned for drunk driving were riding bicycles.<ref>{{cite web|url=http://wiadomosci.gazeta.pl/wiadomosci/1,126928,12309133,Wyroki_na_pijanych_kierowcow_i_pijanych_rowerzystow.html |title=Wyroki na pijanych kierowców i pijanych rowerzystów [INFOGRAFIKA&#93; |language=pl |publisher=Wiadomosci.gazeta.pl |date=2012-08-14 |accessdate=2014-01-26}}</ref>
*]: 0.05%<ref name=icap/>
*]: 0.0%. Above 0.8 g/L imprisonment of 1 to 5 years. Under 0.8 g/L civil fine with possible suspended licence. {{citation needed|date=August 2012}}
*]: Zero<ref name=icap/>
*]: Zero for drivers with 3 years or less experience and professional drivers, 0.24&nbsp;mg/l (0.05%) for all others. {{citation needed|date=August 2012}}
*]: 0.05% (0,25&nbsp;mg/l) <ref> (page in Spanish). Page retrieved 30 October 2006. <!-- A Spanish speaker should check this: the unit does not seem to be percentage! --></ref> and 0.03% (0,15&nbsp;mg/l) 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. Surpassing the limit is a serious offence, fined with €500.<ref></ref> Driving with an alcohol rate over 0.12% is a crime (up to 6 months imprisonment and license suspension up to 4 years).<ref></ref>
*]: 0.02% (up to 6 months imprisonment), 0.10% (imprisonment, maximum 2 years).<ref></ref>
*]
**England and Wales: 80&nbsp;mg of alcohol per 100ml of blood, 35&nbsp;μg per 100ml of breath or 107&nbsp;mg per 100ml of urine.<ref name="UK drink drive limits">{{cite web | url=http://www.drinkaware.co.uk/facts/drink-driving?gclid=COyHkpPxyLACFcohfAod2xijMg| title =Drink driving and the legal alcohol limit | publisher= drinkaware | date=June 6, 2012 |accessdate=2012-06-12}}</ref>
** Scotland: 50&nbsp;mg alcohol/100ml blood or 22mcg alcohol/100ml breath (legislation became effective from 5 December 2014)<ref></ref>
** Northern Ireland: 80&nbsp;mg of alcohol per 100ml of blood. {{As of|2014|11}} results of a public consultation regarding reduction of this limit were being considered,<ref>; see section "Drink Driving: Consultation on the Road Traffic (Drink Driving) (Amendment) Bill and Additional Measures to Tackle Drink and Drug Driving in Northern Ireland"</ref> with a reduction to 50 being thought likely<ref>, BBC</ref>


The UK's drug driving laws were amended in 2015. The changes included a new roadside testing kit, which could detect the presence of cocaine and cannabis in a suspect's saliva and zero tolerance limits for a number of illegal drugs. Limits were also set for certain prescription medications. The laws, however, did not end the use of the field impairment test, but made them more relevant for determining driver impairment by those drugs that are not now covered by the new legislation, or cannot be identified by the limited use of a device, that currently are only authorised for cannabis and cocaine.<ref>{{cite news|last1=Waugh|first1=Rob|title=How UK's new drug-driving laws really work – as first drivers are charged|url=http://metro.co.uk/2015/05/12/how-uks-new-drug-driving-laws-really-work-as-first-drivers-are-charged-5193600/|access-date=1 August 2017|agency=Metro|date=12 May 2015}}</ref><ref>{{cite news|last1=Adams|first1=Lucy|title=Drug-driving limits and roadside testing to be introduced|url=https://www.bbc.com/news/uk-scotland-39655137|access-date=1 August 2017|agency=BBC|date=21 April 2017}}</ref>
===Further rules in the United Kingdom (UK)===


It is an offence to refuse to provide a specimen of breath, blood or urine for analysis. The penalties for refusing are the same as those for actual drunk driving. The request to take a screening breath test must be made by a police officer in uniform, but can only be made if one of the following situations apply:
In the ], driving or attempting to drive whilst above the legal limit or unfit through drink carries a maximum penalty of six months' imprisonment, a fine of up to £5,000 and a minimum 12 months' disqualification. For a second offence committed within ten years of conviction, the minimum ban is three years. Being in charge of a vehicle whilst over the legal limit or unfit through drink could result in three months' imprisonment plus a fine of up to £2,500 and a driving ban. Causing death by careless driving when under the influence of alcohol or other drugs carries a maximum penalty of 14 years in prison, a minimum two-year driving ban and a requirement to pass an extended driving test before the offender is able to drive legally again.


# the ] has reasonable cause to ] that the driver has committed, or is committing, a moving traffic offence, or
It is an offence to refuse to provide a specimen of breath, blood or urine for analysis. The penalties for refusing are the same as those for actually drunk driving.
# if, having stopped, an officer has reasonable cause to suspect that the person driving/attempting to drive/in charge of the vehicle has consumed alcohol, or
# the ] has reasonable cause to believe that the person is or was driving/attempting to drive/in charge of a motor vehicle when it was involved in an ].<ref>{{Cite web |title=The drink drive limit |url=https://www.gov.uk/drink-drive-limit |access-date=2022-06-19 |website=GOV.UK |language=en}}</ref>


The offence of driving whilst under the influence of alcohol is one to which there is no defence, as such (although defences such as ] or ], which are not specific to the offence of driving with excess alcohol, may apply in certain rare circumstances). However, it may be possible to argue that special reasons exist which are such that you should not be disqualified from driving despite having committed the offence. Special reasons are notoriously difficult to establish and the burden of proof is always upon the accused to establish them. Such reasons may include: The offence of driving whilst under the influence of alcohol is one to which there is no defence, as such (although defences such as ] or ], which are not specific to the offence of driving with excess alcohol, may apply in certain rare circumstances). However, it may be possible to argue that special reasons exist which are such that the offender should not be disqualified from driving despite having committed the offence. Special reasons are notoriously difficult to establish, and the burden of proof is always upon the accused to establish them. Such reasons may include:
*shortness of distance driven * shortness of distance driven
*unintentional commission of the offence (i.e. laced drinks) * unintentional commission of the offence (e.g., laced drinks)
*emergencies * emergencies


====Magistrates' sentencing guidelines==== ====Magistrates' sentencing guidelines====


In England and Wales when DWI offenders appear before a Magistrates Court, the magistrates have guidelines they refer to before they decide on a suitable sentence to give the offender. These guidelines are issued by the Sentencing Guidelines Council <ref></ref> and cover offences for which sentence is frequently imposed in a magistrates’ court when dealing with adult offenders. In ], when drink driving offenders appear before a ], the magistrates have guidelines they refer to before they decide on a suitable sentence to give the offender. These guidelines are issued by the Sentencing Guidelines Council<ref>{{cite web|url=http://www.sentencing-guidelines.gov.uk/|title=Sentencing Guidelines Council|access-date=30 March 2018|archive-url=https://web.archive.org/web/20130521173451/http://sentencing-guidelines.gov.uk/|archive-date=21 May 2013|url-status=dead|df=dmy-all}}</ref> and cover offences for which sentence is frequently imposed in a magistrates' court when dealing with adult offenders. Offences can either be tried summarily, which means they can only be heard in the magistrates' court, or they can be an "]" offence which means magistrates may find their sentencing powers are insufficient and indict the case to a higher ]. The majority of drunk driving offences are summary-only offences which can only be tried in a magistrates' court. The most serious offences, such as a collision with death or injury, must be indicted to Crown Court.


In the UK, driving or attempting to drive whilst above the legal limit of 0.08% BAC in England, Wales and Northern Ireland, and 0.05% BAC in Scotland or unfit through drink carries a maximum penalty of six months' imprisonment, a fine of up to £5,000 and a minimum twelve months' disqualification. For a second offence committed within ten years of conviction, the minimum ban is three years. Being in charge of a vehicle whilst over the legal limit or unfit through drink could result in three months' imprisonment plus a fine of up to £2,500 and a driving ban. Causing death by careless driving when under the influence of alcohol or other drugs carries a maximum penalty of fourteen years in prison, an unlimited fine, a minimum two-year driving ban, and a requirement to pass an extended driving test before the offender is able to drive legally again.<ref>{{cite web|url=https://www.gov.uk/drink-driving-penalties|title=Drink-driving penalties|website=UK GovernmentGOV.UK|access-date=16 April 2018}}</ref> In theory, the fine is means-tested and based on disposable income.<ref>{{cite web|url=http://www.drinkdrivinglaw.co.uk/drink_driving_penalties_punishments.htm|title=Drink Driving Penalties and Maximum Punishments|website=drinkdrivinglaw.co.uk|access-date=16 April 2018}}</ref> A person must be disqualified from driving post-conviction for drink driving for a minimum of 12 months, and will usually receive a fine or imprisonment.<ref>{{Cite web |title=Drink-driving penalties |url=https://www.gov.uk/drink-driving-penalties |access-date=2022-06-19 |website=GOV.UK |language=en}}</ref>
Offences can either be tried summarily which means they can only be heard in the magistrates court or they can be either way offences which means magistrates may find their sentencing powers are insufficient and indict the case to crown court. The majority of drunk driving offences are summary only offences which can only be tried in a magistrates court. Only the most serious offences such as a collision and/or death/injury involved are indicted to crown court. The maximum sentence magistrates can usually impose is a £5000 fine and/or a six-month prison sentence.


As with England and Wales, road traffic law in Scotland is in the main framed within the Road Traffic Act 1988 as amended. Prosecution and disposal of drink-drive offences is broadly similar to England and Wales with less serious cases prosecuted on complaint through the sheriff summary courts. Cases involving aggravations, life-changing or fatal injuries are prosecuted on indictment via the sheriff solemn or high court. As with most UK-wide legislation, the penalties and sentencing guidelines for drunk driving in Scotland mirror those in effect in England and Wales. As with England and Wales, road traffic law in Scotland is in the main framed within the Road Traffic Act 1988 as amended. Prosecution and disposal of drink-drive offences is broadly similar to England and Wales with less serious cases prosecuted on complaint through the sheriff summary courts. Cases involving aggravations, life-changing or fatal injuries are prosecuted on indictment via the sheriff solemn or high court. As with most UK-wide legislation, the penalties and sentencing guidelines for drink driving in Scotland mirror those in effect in England and Wales.

===Other European countries===
*]: 0.01%<ref name=icap>'''', International Centre For Policy Studies. Page retrieved 30 October 2006</ref>
*]: 0,03%
*]: 0.031% <ref></ref>
*]: 0.05%<ref name=icap/>
*]: 0.08% {{citation needed|date=August 2012}}
*]: Zero for professional drivers, public service drivers, commercial transport and drivers beginners, 0.05% for all others <ref>No.234 in Macedonian</ref>
*]: 0.03%<ref name=icap/>
*]: 0.02%.<ref name=icap/> Punishment depends on the alcohol level. 0.02% (fine, but one may also risk a suspended licence if any aggravated circumstances are present.), 0.05% (fine, suspended sentence and suspended license), 0.10% (fine, suspended or mandatory sentence and suspended license), 0.15% (fine, mandatory sentence and suspended license). The guidelines state that the fine for an alcohol level of more than 0.05% should be around 1.5 months base salary and usually not lower than 10.000 NOK. For 0.02-0.05% the fine is lower. Prison sentences are usually around 3 weeks to 3 months with a maximum of 1 year. The suspension period varies from less than a year to 2 years.<ref>(page in Norwegian). Page retrieved 21. June 2011.</ref>
*]: 0.0356% since 1 September 2013,<ref>{{cite web|url=http://www.bbc.co.uk/russian/russia/2013/07/130724_zero_permille_lifted.shtml|title=Russia lifts zero permille limit for drunk driving|publisher=bbcrussian|date=2013-07-24}}</ref><ref>{{cite web|url=http://www.itar-tass.com/en/c39/786163.html|title=Russian drivers to be allowed to have slight alcohol content in blood|publisher=Itar-tass|date=2013-07-26}}</ref> previously zero since 2010<ref name=gazetaru>(Russian) Medvedev signed the law, completely abolishing any alcohol limits. Even minimal alcohol content will lead to revoking of the driving licence </ref><ref>{{cite web|url=http://en.rian.ru/russia/20100723/159918024.html|title=Medvedev signs total drink driving ban|date=2010-07-23|publisher=RIAN}}</ref>
*]: 0.05%<ref name=icap/>
*]: 0.03% for all, zero for motorcycle drivers, professional drivers, public service drivers, commercial transport and beginning drivers.<ref></ref> The official government plan is to make it zero for everyone in 2015.
*]: 0.02%<ref name=Legal BAC limits by country>{{Citation|url =http://apps.who.int/gho/data/view.main.54600|title= Legal BAC limits by country|work= Legal BAC limits-data by country|publisher= apps.who.int|ref= none}}</ref>


==Oceania== ==Oceania==


===Australia=== ===Australia===
*Australia: 0.05% BAC<ref name="NSW"/>
]]]
Road laws are state or territory based, but all states and territories have set similar rules.


Road laws are state or territory based, but all states and territories have set similar rules. In particular, alcohol must never exceed 0.05g of alcohol in every 100ml of blood; limits for certain categories of drivers are lower, differing in different states.
Australian law allow police officers to stop any driver and perform a random breath test without reason. Roadblocks can be set up - for example leading out of town centres on Friday and Saturday nights, or during football or other events - where every single driver will be breath-tested. This differs from UK and US laws, where police generally need a reason to suspect that the driver is intoxicated, before requesting a breath and/or sobriety test. It is an offence to refuse to provide a sample of breath when requested, with severe penalties including prison.<ref name="findlaw">{{cite web|url=http://www.findlaw.com.au/articles/4279/can-a-person-refuse-a-breathalyser-test-and-other-.aspx |title=Can a Person Refuse a Breathalyser Test? And Other Questions Related to Drink Driving |publisher=Findlaw.com.au |date= |accessdate=2014-01-26}}</ref>


Australian laws allow police officers to stop any driver and perform a random breath test or drug test without reason. Roadblocks can be set up just about anywhere (for example, leading out of town centres on Friday and Saturday nights and after football matches or other major events), where every single driver may be randomly breath-tested. People found to have excessive alcohol or any banned substances are taken to a police station for further analysis. Those over 0.08% will receive an automatic disqualification of their licence and must appear in court.<ref>{{cite news |title=NSW Police commemorate 40th anniversary of RBT, 123 million tests and 1 million arrests later |url=https://www.drive.com.au/news/nsw-40th-anniversary-rbt-random-breath-test/ |work=Drive |date=16 December 2022 |language=en-AU}}</ref> This differs from UK and US laws where police generally need a reason to suspect that the driver is intoxicated before requesting a breath or sobriety test. It is an offence in Australia to refuse to provide a sample of breath when required to, with severe penalties, including prison.<ref name="findlaw">{{cite web|url=http://www.findlaw.com.au/articles/4279/can-a-person-refuse-a-breathalyser-test-and-other-.aspx |title=Can a Person Refuse a Breathalyser Test? And Other Questions Related to Drink Driving |publisher=Findlaw.com.au |access-date=26 January 2014}}</ref>
====]====


====Australian Capital Territory====
*Zero for drivers holding a learner, provisional, restricted or probationary license and for drivers operating heavy vehicles over 15t GVM or driving a public vehicle for hire or reward (for example taxi and bus drivers), and all motorcyclists.<ref name="Drunk Driving Penalties">{{cite web | url=http://www.cityfirstsolicitors.com/v1/drink-driving| title =Drunk Driving Penalties | publisher= CFS Canberra | date=October 7, 2011 |accessdate=2011-10-07}}</ref>
*Zero for drivers or riders holding a learners, provisional, restricted or probationary licence and for drivers operating heavy vehicles over 15t GVM or driving a public ] or reward (for example taxi and bus drivers)<ref name="Zero alcohol laws.">{{Cite book|title=ACT Road Rules Handbook|url=https://files.accesscanberra.act.gov.au/legacy/3531/2019%20Road%20Rules%20Handbook.docx|author=Chief Minister, Treasury and Economic Development Directorate|publisher=Australian Capital Territory|location=Canberra|year=2019|chapter=The risks associated with alcohol, drugs and driving|isbn=978-0-642-60329-6|id=18/1662|page=20}}</ref>
*0.05% for all other drivers.<ref name="Drunk Driving Penalties"/>
*0.05% for all other drivers


====]==== ====New South Wales====
* Zero for learner and provisional licences<ref name="NSW">{{cite web|url=http://roadsafety.transport.nsw.gov.au/stayingsafe/alcoholdrugs/drinkdriving/bac/|title=Blood alcohol limits|author=Transport for New South Wales - Centre for Road Safety|website=roadsafety.transport.nsw.gov.au|date=3 February 2016|access-date=30 March 2018|archive-date=13 March 2018|archive-url=https://web.archive.org/web/20180313152759/http://roadsafety.transport.nsw.gov.au/stayingsafe/alcoholdrugs/drinkdriving/bac/|url-status=dead}}</ref>
*0.02% for drivers of vehicles of "gross vehicle mass" greater than 13.9 ], vehicles carrying dangerous goods or public vehicles such as a ] or ]
*0.05% for all other drivers


====Northern Territory====
*Zero for Learner and Provisional licences, and all motorcyclists.
*Zero for provisional (probationary) license holders and all motorcyclists
*0.02% for Drivers of vehicles of "gross vehicle mass" greater than 13.9 ], vehicles carrying dangerous goods or public vehicles such as a ] or ].
*0.05% for all other drivers *0.05% for all other drivers
*Zero limit for ], ] and ].


====Queensland====
====]====


*Zero for the drivers of trucks, buses, articulated vehicles, vehicles carrying dangerous goods, pilot vehicles, taxis, all learner drivers and provisional drivers and RE class licensed motorcyclists in their first twelve months.<ref>{{cite web|title=Alcohol limits|url=https://www.qld.gov.au/transport/safety/road-safety/drink-driving/blood-alcohol/|website=Queensland Government|ref=Queensland Government}}</ref>
*Zero for provisional (probationary) licence holders and all motorcyclists.
*0.05% for all other drivers. *0.05% for other drivers


====]==== ====South Australia====
*Zero for learner, provisional, probationary, heavy (greater than fifteen tonnes) vehicle, taxis, licensed chauffeured vehicles, dangerous goods, and bus licenses.
*0.05% for all other drivers


====Tasmania====
* 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 and all motorcyclists.
*0.05% for other drivers.
*Zero limit for ], ] and ].


*Zero for learner, provisional, truck, bus, and taxi licences
====]====
*0.05% for all other drivers


====Victoria====
*Zero limit for learner, provisional, probationary, heavy (greater than 15 tonne) vehicle, taxis, licensed chauffeured vehicles, dangerous goods, and bus licenses.
*0.05% for all other drivers.
*Zero limit for ], ] and ].


*Zero for unlicensed drivers, holders of learner permits and probationary licences, "professional" drivers, and certain relicensed drunk-drivers.
====]====

*Zero limit for learner, provisional, truck, bus, and taxi licences.
*0.05% for all other drivers. *0.05% for all other drivers.
*Zero limit for ], ] and ].

====]====

*Zero limit applies for unlicensed drivers, holders of learner permits and probationary licences, "professional" drivers, and certain relicensed drunk-drivers.
* Below 0.05% for most other drivers.
*Zero limit for ], ] and ].


There are also other restrictions for drivers in Victoria: There are also other restrictions for drivers in Victoria:
*Limits apply within 3 hours of driving - that is, police can require a person to submit to an alcohol or drugs test within 3 hours of driving and it is an offense to fail that test, unless the drug or alcohol use occurred after driving (see Road Safety Act 1986, ss. 49, 53 and 55E). *Limits apply within three hours of driving - that is, police can require a person to submit to an alcohol or drugs test within three hours of driving and it is an offence to fail that test, unless the drug or alcohol use occurred after driving (see Road Safety Act 1986, ss. 49, 53 and 55E).
*Licenses canceled for certain serious drunk-driving offenses may only be reissued after obtaining a court order. This is the case for repeat offenders, and first offenders above 0.15% . 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 ]. *Licences cancelled for certain serious drink-driving offences may only be reissued after obtaining a court order. This is the case for repeat offenders, and first offenders above 0.15%. In such cases, the relicensed driver is subject to a 0 limit for three years following relicensing, or for as long as the person is required to use an ].
*Alcohol interlocks must be imposed whenever a repeat drunk-driver is relicensed. *Alcohol interlocks must be imposed whenever a repeat drunk-driver is relicensed.
*A court also has discretion to impose an alcohol interlock when relicensing a first offender in certain serious cases, generally when the offense involves a BAC of 0.15% or higher. *A court also has discretion to impose an alcohol interlock when relicensing a first offender in certain serious cases, generally when the offence involves a BAC by mass of 0.15% or higher.
*The law requires interlocks to be used for certain minimum periods, but the requirement to use an interlock does not automatically end at the completion of the minimum period. Once that period has expired, an individual may apply to a court to have the interlock condition removed from their driver's licence. The State Police must be given notice of the application and may make submissions to the court on whether the interlock condition should be removed. The court will also take into account data recorded by the interlock itself (e.g. whether any attempts were made to start the vehicle by a person who had been drinking). *The law requires interlocks to be used for certain minimum periods, but the requirement to use an interlock does not automatically end at the completion of the minimum period. Once that period has expired, an individual may apply to a court to have the interlock condition removed from their driver's licence. The State Police must be given notice of the application and may make submissions to the court on whether the interlock condition should be removed. The court will also take into account data recorded by the interlock itself (e.g., whether any attempts were made to start the vehicle by a person who had been drinking).
*Driving without an interlock when one is required carries severe penalties, including imprisonment. *Driving without an interlock when one is required carries severe penalties, including imprisonment.
*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. If this process is skipped the doctor may not be able to discover the alcohol blood level. The results can be used as evidence in subsequent court proceedings. *If a doctor treats any patient not under fifteen years of age as a result of a motor vehicle crash, 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. If this process is skipped the doctor may not be able to discover the alcohol blood level. The results can be used as evidence in subsequent court proceedings.
*The law allows a police officer to require any driver (or any person who has driven a vehicle within the last three hours) to perform a random saliva test for ], ] or ], all of which are subject to a zero limit (see Road Safety Act 1986: ss. 49, 55E & 55D) *The law allows a police officer to require any driver (or any person who has driven a vehicle within the last three hours) to perform a random saliva test for methamphetamine, cannabis and MDMA, all of which are subject to a zero limit (per Road Safety Act 1986: ss. 49, 55E & 55D)


====]==== ====Western Australia====


*0.02% for learner, provisional (probationary) licence holders (0.00% as from July 1, 2008) or persons convicted of driving under the influence (for three years after the offense) and failing to comply with a request for breath, blood or urine (for three years after the offense). *Zero for learner and probationary licence-holders and persons convicted of driving under the influence or failing to comply with a request for breath, blood or urine (for three years after the offense).
*0.05% for all other drivers. *0.05% for all other drivers.


Readings over 0.08% but under 0.15% BAC, and 0.15% BAC and above (legally defined as Drunk Driving) comprise separate offenses, the latter attracting heavier penalties. Persistent offenders may be barred from driving for terms up to and including life, and may also be imprisoned. Driving with 0.15% BAC by mass and above (legally defined as Drunk Driving) is a distinct offence from having over 0.08% but under 0.15% BAC, and is subject to heavier penalties. Persistent offenders may be barred from driving for terms up to and including life, and may be imprisoned.


The law allows a police officer to require any driver to perform a random saliva test for methamphetamine, Cannabis or MDMA, all of which are subject to a zero limit. The law allows a police officer to require any driver to perform a random saliva test for methamphetamine, cannabis or MDMA, all of which are subject to a zero limit.


===New Zealand=== ===New Zealand===
] operates a program called Compulsory Breath Testing, which allows police to stop motorists at any time. CBT is usually carried out at roadside checkpoints but mobile patrol cars can also randomly stop motorists to administer a test. The police also carry out roadside drug tests upon motorists they suspect have used drugs.<ref>{{cite web |title=Alcohol and drugs limits |url=http://www.nzta.govt.nz/resources/roadcode/about-limits/alcohol-and-drugs-limits.html|publisher=New Zealand Transport Authority |accessdate=1 June 2013 |location=Wellington |date=29 May 2013}}</ref> ] operates a program called Compulsory Breath Testing, which allows police to stop motorists at any time without having any reason to do so. CBT is carried out at roadside checkpoints and by mobile patrols. The police also carry out roadside drug tests upon motorists they suspect have used drugs.<ref>{{cite web |title=Alcohol and drugs limits |url=http://www.nzta.govt.nz/resources/roadcode/about-limits/alcohol-and-drugs-limits.html|publisher=New Zealand Transport Authority |access-date=1 June 2013 |location=Wellington |date=29 May 2013}}</ref>


The system in New Zealand is age-based.<ref> </ref> Since midnight on 1 December 2014, the limits are: The system in New Zealand is age-based.<ref>{{cite web |url=http://www.alcohol.org.nz/alcohol-you/drinking-and-driving |title=Drinking & driving, New Zealand drink drive legal alcohol limit |work=Alcohol.org.nz |access-date=26 May 2016 |archive-date=11 May 2016 |archive-url=https://web.archive.org/web/20160511232206/http://alcohol.org.nz/alcohol-you/drinking-and-driving |url-status=dead }}</ref> The limits are:


* Zero limit for persons under 20 years. * Zero for people under twenty years
* 0.05% BAC or 250μg/L breath for persons 20 years and over. * 0.05% BAC or 250 μg/L breath for people twenty years and over


The penalties for exceeding the limits are: The penalties for exceeding the limits are:
* Persons under 20 years, up to 0.03% BAC / 150μg/L breath - instant ]200 fine and 50 demerit points. * People under twenty years, up to 0.03% BAC, 150&nbsp;μg/L breath: instant ]200 fine and fifty demerit points
* Persons under 20 years, 0.03% to 0.08% BAC / 150μg/L to 400μg/L breath - up to 3 months imprisonment and/or up to ]2250 fine; loss of licence for three months or more. * People under twenty years, 0.03–0.08% BAC, 150–400&nbsp;μg/L breath: up to three months' imprisonment, up to ]2,250 fine or both. Loss of license for three months or more.
* Persons 20 years and over, 0.05% to 0.08% BAC / 250μg/L to 400μg/L breath - instant ]200 fine and 50 demerit points. 12 hour prohibition from driving immediately after<ref></ref> * People twenty years and over, 0.051–0.08% BAC, 251–400&nbsp;μg/L breath: instant ]200 fine and fifty demerit points. Twelve-hour prohibition from driving immediately after test.<ref>{{cite web |url=http://www.transport.govt.nz/legislation/bills/land-transport-amendment-bill-2013 |title=Land Transport Amendment Act (no 2) 2014 |work=Ministry of Transport |date=15 April 2016 |access-date=26 May 2016}}</ref>
* All persons over 0.08% BAC / 400μg/L breath (first and second offenses) - up to 3 months imprisonment and/or up to NZ$4500 fine; loss of licence for six months or more. * All people over 0.08% BAC, 400&nbsp;μg/L breath (first and second offenses): up to three months' imprisonment, up to NZ$4,500 fine or both; loss of license for six months or more
* All persons over 0.08% BAC / 400μg/L breath (third and subsequent offenses) - 2 years imprisonment; NZ$6000 fine; loss of licence for one year or more. * All people over 0.08% BAC, 400&nbsp;μg/L breath (third and subsequent offenses): two years' imprisonment; NZ$6,000 fine; loss of license for one year or more


Drivers convicted of excess breath alcohol may be required to gain a zero-limit license.{{cn|date=October 2023}}
On 4 November 2013, the government announced that the limit would be reduced to 0.05% BAC with instant fines and demerit points being imposed on those between 0.05 and 0.08%. Legislation was passed in New Zealand's Parliament in August 2014 with a date where the new limits take effect announced on December 1, 2014.<ref> </ref>


Note that penalties apply to the lowest reading taken across both breath and blood tests. For example, if a driver 20 years or over has a breath test result of 426μg/L but a subsequent blood test returns 0.077% BAC, then the driver is not charged with any drink driving offence despite the breath reading being over the breath alcohol limit. The penalty for injuring or killing someone when under the influences is the same as dangerous driving (up to 5 years imprisonment and/or up to NZ$20,000; loss of licence for one year or more). Note that penalties apply to the lowest reading taken across both breath and blood tests. For example, if a driver twenty years or over has a breath test result of 426&nbsp;μg/L but a subsequent blood test returns 0.077% BAC, then the driver is not charged with any drink driving offense despite the breath reading being over the breath alcohol limit. The penalty for injuring or killing someone when under the influences is the same as dangerous driving (up to ten years' imprisonment, up to NZ$20,000 or both, and loss of license for one year or more).<ref>{{Cite web|url=https://www.oag.govt.nz/2013/drink-driving/appendix3.htm|title=Appendix 3: Summary of drink-driving laws|website=Office of the Auditor-General New Zealand}}</ref>


===Other countries in Oceania=== ===Other countries in Oceania===
*]: 0.05% {{citation needed|date=August 2012}} *]: 0.05%{{citation needed|date=August 2012}}
*]: 0.05% {{citation needed|date=August 2012}} *]: 0.05%<ref name=BAC/>
*]: 0.08% general population, zero tolerance for novice and professional drivers<ref name=BAC/>
*]: 0.01% {{citation needed|date=August 2012}}
*]: Zero for new or inexperienced drivers and commercial or professional drivers, 0.10% for all other drivers<ref name=BAC/>


== See also == == See also ==
* ]
* ]
* ] * ]
* ] * ]
* ], alternative to revoked license in some countries
* ]
* ]


== References == == References ==
Line 384: Line 347:


==External links== ==External links==
===Government agencies===
*
* from the New Zealand Transport Agency.
*
* from healthdirect, the Australian Government Department of Health.
*
* from Gov.UK.
*, ] Ministry of Transportation website educating drivers on the consequences of being caught driving impaired in the province
*, from the ], ] Ministry of Transportation.
*, from ].

===Organizations===
* from the International Alliance for Responsible Drinking.
* *
*, from the World Health Organization's Global Health Observatory (GHO) data.
*, ]
*
* // ICAP.org


{{Alcohol by countries}}
{{Alcohol and health}}
{{Traffic law}} {{Traffic law}}


{{DEFAULTSORT:Drunk Driving Law By Country}} {{DEFAULTSORT:Drunk Driving Law By Country}}
] ]
] ]
] ]
] ]
] ]
] ]

Latest revision as of 21:30, 22 November 2024

The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime. Thresholds range from the limit of detection (zero-tolerance) to 0.08%. Some countries have no limits or laws on blood alcohol content.

Despite drinking alcohol being allowed in countries such as Bahrain, the legal BAC for driving is 0.

Countries without legal limit

According to WHO data from 2018, the following countries had no legal limit for drinking and driving: Antigua and Barbuda, Barbados, Burundi, Comoros, Egypt, Gambia, Grenada, Guatemala, Guinea-Bissau, Indonesia, Liberia, Marshall Islands, Niger, Saint Vincent and the Grenadines, Sao Tome and Principe, Senegal, Sierra Leone, South Sudan, Syrian Arab Republic and Togo.

Countries with total bans for all people

According to WHO data from 2018, the following countries had total bans of alcohol for all types of drivers (Young/novice drivers, commercial drivers): Afghanistan, Maldives, Mauritania, Saudi Arabia, Somalia, Sudan, Yemen.

Africa

The following is a list of the legal blood alcohol content (BAC) limits for drivers in each African country:

Americas

North America

Canada

Main article: Impaired driving in Canada
  • Canada: Depends on province, 0.04–0.08% BAC by mass

The Criminal Law Amendment Act, 1968–69 made it illegal to drive with a BAC in excess of 80 mg/100 mL of blood. Refusal of a police officer's demand to provide a breath sample was made an offence at the same time and both began as summary conviction offenses, with a maximum fine of up to $5000 and up to six months imprisonment. Many provinces have administrative penalties related to drunk driving. These penalties include immediate driver's licence suspensions and heavy fines. These penalties are often imposed for blood-alcohol concentrations exceeding 40 or 50 mg/dL.

There is a zero-tolerance policy for new drivers undergoing graduated licensing in Ontario, British Columbia, Newfoundland and Labrador and Alberta; drivers under the age of 22 in Manitoba, New Brunswick, Northwest Territories, Nova Scotia, Ontario, Saskatchewan and in Quebec receive a 30-day suspension and 7-day vehicle seizure. Drivers in Alberta who are in the graduated licensing program, regardless of age, are subject to the same 30-day/7-day suspensions/seizure policy.

Mexico

  • Mexico: 0.04–0.10%

United States

Main article: Drunk driving in the United States
A 1937 poster warns U.S. drivers about the dangers of mixing alcohol and driving.

Under the laws of the United States, it is unlawful to drive a motor vehicle when the ability to do so is materially impaired by the consumption of alcohol or other drugs, including prescription medications. For impaired driving charges involving the consumption of alcohol, the blood alcohol level at which impairment is presumed is 0.08, although it is possible to be convicted of impaired driving with a lower blood alcohol level. Some states define two impaired driving offenses.

  1. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI), operating under the influence (OUI), or operating while intoxicated/impaired (OWI).
  2. The second and more recent is the so-called illegal per se offense of driving with a blood alcohol concentration (BAC) by volume (mass of alcohol/volume of blood) of 0.08% (previously 0.10%) 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 being in physical control of a motor vehicle. An accused may potentially be convicted of both offenses as a result of a single incident, but may only be punished for one. The differences between state penalties still varies. Wisconsin, for instance, is the only state that continues to treat first offense drunk driving arrests as forfeiture.

The aftermath of a drunk driving car crash is simulated as part of an anti-drunk driving campaign for California high school students.

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. All states and DC also now have zero tolerance laws: the license of anyone under 21 driving with any detectable alcohol in their bloodstream (BAC limits of 0.01% or 0.02% apply in some states, such as Florida) will be suspended. In 2009, Puerto Rico joined these states, setting a limit of 0.02 for drivers under 21, despite maintaining a legal drinking age of 18.

The blood alcohol limit for commercial drivers is 0.04%. Pilots of aircraft may not fly within eight hours of consuming alcohol, while under the impairing influence of alcohol or any other drug, or while showing a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood.

Utah became the first U.S. state to lower the legal limit to .05% BAC by volume on 24 March 2017. The law went into effect on 30 December 2018. The bill's passage, HB155, was controversial in the state. A poll published on 29 July 2017 found 50 percent of Utahns supported the new law, but 47 percent opposed it.

In most states, the timing of the chemical test for suspected drunk driving is important because the law mandates a result within a given time period after the driving stopped, usually two hours.

In some states, an intoxicated person may be convicted of a DUI in a parked car if the individual is sitting behind the wheel of the car. In some jurisdictions, the occupant of a vehicle might be charged with impaired driving even if sleeping in the back seat based on proof of risk that the occupant would put the vehicle in motion while intoxicated. Some states allow for a charge of attempted DUI if an officer can reasonably infer that the defendant intended to drive a vehicle while impaired.

Some states such as Massachusetts and Texas, have judicial guidelines requiring a mandatory minimum sentence for repeat offenders or for DUI/DWI offences with enhancements like an open container. The strictest states like Washington even have mandatory minimum penalties for first-time offenders. Repeated impaired driving offenses or an impaired driving incident that results in bodily injury to another may trigger more significant penalties, and potentially trigger a felony charge. Many states in the US have adopted truth in sentencing laws that enforce strict guidelines on sentencing, differing from previous practice where prison time was reduced or suspended after sentencing had been issued.

Caribbean

  • Bahamas: 0.08%
  • Cuba: 0 for young or inexperienced drivers and professional or commercial drivers, 0.05% for all other drivers
  • Dominican Republic: 0.05%
  • Jamaica: The law states that the legal alcohol limit is 35 μg/100 mL alcohol in breath or a blood alcohol level of 80 mg/100 mL alcohol in blood.
  • Trinidad and Tobago: 35 μg/(100 mL) BrAC, 80 mg/100 mL BAC
  • Cayman Islands: 0.10% BAC

Central America

  • Belize: 0.08%
  • Costa Rica: 0.02% for public transport, commercial drivers and new drivers, or 0.05% for all others. More results in a fine of CRC 280,000 (US$489.61 as of 27 July 2017). A BAC in excess of 0.05% for public transport, commercial drivers and new drivers or 0.075% for all others additionally results in a 1- to 3-year prison sentence, vehicle impoundment and 2-year licence suspension.
  • El Salvador: 0.05%
  • Guatemala: No limit
  • Honduras: 0.07%
  • Nicaragua: 0.05%
  • Panama: 0.08%

South America

  • Argentina: 0%. In 2023, Argentina adopted a national zero tolerance law. The law applies on national roads, and 18 out of 24 provincial jurisdictions have adopted the limit of 0.0 g/l for provincial routes. As of February 2024, the provinces of CABA, Corrientes, Misiones, Mendoza, San Juan and Santa Fe retain the old limits (0% for public transport and commercial vehicles, 0.02% for motorcycles, and 0.05% for all others).
  • Bolivia: 0.05% for professional drivers only
  • Brazil: Since 2008 Brazil practices zero tolerance. If a driver is found to be driving with any BAC (up to 0.06%), the driver is to have their license suspended for 12 months, pay a fine of BRL 2,934.70 (doubled if recurrence) and will have the car seized. Anything above 0.06% is considered a criminal offense.
  • Chile: From 15 March 2012, 0.03–0.08% the driver is considered to be driving under the influence and carries a three-month suspension and a fine of US$82–410 (as of 19 March 2012); over 0.08% the driver is considered to be drunk and carries a prison term of 61 to 301 days, a fine of US$164–820 (as of 19 March 2012) and a two-year suspension for the first offense, a five-year suspension for a second offense, and a life suspension for a third offense.
  • Colombia: Colombia is known to have the toughest penalties against those driving under the influence in all of Latin America and practice a zero tolerance policy on DUIs. If a driver is found to be driving with 20–39 mg/100 mL ethanol in blood (equivalent to 0.02–0.039% BAC), the driver is to have their license suspended for a year, pay a fine of US$914 (as of 22 December 2013), and serve twenty hours of community service. In the most extreme cases, if a driver is found to be driving with grade three alcohol (150 mg/100 mL ethanol in blood), the driver is to have their licence confiscated for ten years, pay a fine of US$7,314 (as of 22 December 2013), and serve fifty hours of community service. If the driver gets in a crash and causes injuries and or deaths, the driver is to face between 2.5 and eighteen years of prison sentence and their license will be cancelled permanently.
  • Ecuador: 0.01% for commercial or professional drivers; 0.03% for all other drivers
  • Guyana: 0.08%
  • Paraguay: 0
  • Peru: Drivers below a 0.05% BAC will be given a warning. At a 0.05% and over, the driver will be given a fine and a license suspension of no less than six months and no more than two years. If the driver is involved in a crash without causing death or severe injury to another individual, he or she may possibly face jail time. If the driver causes a crash with a BAC over 0.101%, involving death or severe injury to another party, he or she will receive a mandatory prison sentence of three to five years. The driver's license will also be permanently revoked.
  • Suriname: 0.05%
  • Uruguay: 0. The driver will have to pay a fine of US$448 (as of 29 June 2020) and will have their licence suspended. Depending on the concentration of alcohol in blood and the times the driver was found guilty, the suspension goes from a minimum of six months to a maximum of two years. If the driver causes a crash involving death, he or she will be charged with negligent homicide and will face a minimum of six months in prison.
  • Venezuela: 0.08%

Asia

Central Asia

East Asia

  • Mainland China: 0.02%. Over 0.02% but under 0.08%: CN¥ 1,000–2,000 fine, six-month license suspension; Over 0.08%: up to three years' imprisonment, five-year license suspension. If the driver causes serious injuries or death, they will be charged with crime and the license will be permanently cancelled.
  • Hong Kong: 0.05% or BrAC 0.22 mg/L or urine 0.067%. Driving under the influence of alcohol beyond legal limit is punishable with a monetary fine and up to three years' imprisonment, with ten driving-offense points and mandatory Driving Improvement Course.
  • Japan: BrAC 0.15 mg/L (equivalent to 0.03%). Additionally, regardless of alcohol readings, police may also determine the driver to be "driving drunk", which is punished more severely than exceeding the designated alcohol limits. Effectively zero for drivers under 20 because of the legal drinking age.
  • South Korea: BAC 0.03%-0.08% : License suspension for 90 days and fine up to KRW 5,000,000(about USD $5,000).
    BAC 0.08%-0.20% : License revocation for a year and fine up to KRW 10,000,000(about USD $10,000).
    BAC over 0.2% or DUI caught 3 times : License revocation for indefinite period and imprisonment for up to 5 years and fine up to KRW 20,000,000(about USD $20,000).
    Drunk driving crash resulting in death : 3 years minimum, up to life imprisonment. The penalties were increased after public resentment towards lenient sentencing. Criticism of lenient sentencing has continued.
  • Taiwan: 0.03% (BrAC 0.15 mg/L). The fines vary depending on the vehicle being driven at the time of offence. Scooter and motorcycle drivers convicted of first time DUI offenses will be subject to a fine between NT$15,000 and NT$90,000. Other motorists can be fined between NT$30,000 and NT$120,000 for first-time DUI offenses, while second-time offenders are liable to a fine of NT$120,000. Cyclists and passengers of drunk drivers are also able to be penalised.

South Asia

  • Afghanistan: 0
  • Bangladesh: 0
  • India: 0.03%. This is according to section 185 of the Motor Vehicles Act 1988. On a first offence, the punishment is imprisonment of six months, a fine of 10,000 Indian Rupees (INR) or both. If the second offense is committed within three years, the punishment is two years, a fine of 15,000 Indian Rupees (INR) or both. The clause of 30 mg/dL was added by an amendment in 1994. It came into effect beginning 14 November 1994.
  • Nepal: 0. Breathalyzer testing is regularly used in major cities like Kathmandu, Pokhara, and Biratnagar, and highways. For more verification, driver will be taken to nearest hospitals for blood and urine test (if demanded by the driver). License will be seized instantly. Driver will get the license back after attending anti-alcoholic classes run by Nepal Traffic Police and a NRS 1000 fine will be charged.
  • Pakistan: Falls under drink and drugs, S. No 14. No set limit. Eight penalty points.
  • Sri Lanka: 0.06%. Breathalyzer testing is not used routinely. If suspected by police the driver is produced before the closest government medical officer who examines and determines whether the driver is under influence. If the driver refuses examination by the medical officer, they are considered to have been under influence by default.

Southeast Asia

  • Brunei: 35 micrograms of alcohol in 100 milliliters of breath or 80 milligrams of alcohol in 100 milliliters of blood.
  • Cambodia: 0.05%
  • Indonesia: 0
  • Laos: 80 mg/100 mL of blood.
  • Malaysia: 0.08%, or 80 mg/100 mL alcohol in blood. According to the Road Traffic (Amendment) Act of 2020, which took effect on 23 October 2020, the following are the alcohol limits imposed by amendment: 22 micrograms of alcohol in 100 milliliters of breath; 50 milligrams of alcohol in 100 milliliters of blood; 67 milligrams of alcohol in 100 milliliters of urine.
  • Philippines: The Republic Act 10586 or the "Anti-Drunk and Drugged Driving Act of 2013" indicates that blood alcohol content (BAH) should be 0.05% for non-professional drivers and 0.01% for motorcycle riders and professional drivers. A traffic enforcer must first establish probable cause before directing a motorist suspected of DUI to pull over. Then, the motorist should do the following field sobriety tests—the horizontal gaze nystagmus (eye test), the walk-and-turn, and one-leg stand. A breath analyzer shall only be used after the motorist fails these three tests.
  • Singapore: 0.08% (80 mg/100 mL alcohol blood) or BrAC: 35 μg/100 mL alcohol in breath, strictly enforced.
  • Thailand: Zero for professional or commercial drivers, 0.05% for other drivers, except for 2 years license holder or who has no a driving license are limited at 0.02%.
  • Vietnam: 0

Western Asia

  • Armenia: 0.02% of pure alcohol in blood or 0.1 milligrams of alcohol per liter for exhaled air.
  • Azerbaijan: 0
  • Bahrain: 0
  • Iran: Not applicable, alcohol is banned
  • Iraq: 0.04%
  • Israel: 0.024% 24 mg/100 mL alcohol in breath (penalties only apply above 29 mg/100 mL alcohol in breath due to lawsuits about sensitivity of devices used). New drivers, drivers under 24 years of age and commercial drivers 0.005% 5 mg/100 mL alcohol in breath.
  • Jordan: 0.05. Breathalyzer testing is not routinely used. If suspected by police the driver is produced before the closest government medical officer who examines and determines whether the driver is under influence.
  • Kuwait: Not applicable, alcohol is banned
  • Lebanon: 0.02%, often unenforced
  • Oman: 0.08%
  • Qatar: 0
  • Saudi Arabia: Not applicable, alcohol is banned
  • Syria: often unenforced, unless heavily drunk and driving. License revoked for 1 to 3 months£. S 2,000 fine.
  • Turkey: 0.50 promil for private car drivers, 0.20 promil for all others
  • United Arab Emirates: 0

Europe

Map of Europe showing countries' blood alcohol limits as defined in g/dl for the general population. Colour might be inaccurate for Cyprus in 2019.

Note: Zero usually means below detection limit.

  • Albania: 0.01%
  • Andorra: 0.05%
  • Austria: 0.05% 0.01% for drivers who have held a license for less than two years and drivers of vehicles over 7.5 tonnes
  • Belarus: 0.03%
  • Belgium: 0.05% Fines and driving bans increase as the alcohol concentration in the blood increases.
  • Bosnia and Herzegovina: 0.03% for all drivers except for drivers of C, CE, D and DE categories, public service drivers, professional drivers, driving instructors, and drivers younger than 21 years or without 3 years of experience, where the limit is zero
  • Bulgaria: 0.05%
  • Croatia: 0.05%. Zero for drivers aged 18 to 24 and professional drivers on duty.
  • Cyprus: 0.05% or 0.22 gram per liter.
  • Northern Cyprus: 0.05%
  • Czech Republic: Zero
  • Denmark: 0.05% for all motor vehicles, but zero if not driving safely. For first time offenders, 0.05 to 0.12% results in a fine and conditional suspension of the drives license (has to retake the driver's license test and an alcohol-and-vehicles course). Between 0.12 and 0.20% results in a fine and three year complete suspension of the driver's license followed by a new driver's license test and an alcohol-and-vehicles course. Below 0.20%, the fine equals one month's pay after taxes × BAC × 10. Above 0.20%, the perpetrator receives a 20-day conditional prison sentence, a fine equal to one month's pay after taxes, the car usually is confiscated, and the driver's license is completely suspended for three years followed by a new driver's license test, an alcohol-and-vehicles course and a two-year period with a breath alcohol ignition interlock device. Regardless of alcohol level, the penalty significantly increases for repeat offenders. There are no exact limits for vehicles without a motor (e.g., bicycles), but if a person is regarded as being incapable of operating one safely it results in a fine.
  • Estonia: 0.02%
  • Finland: for motor vehicles, 0.05%, or 0.22 mg/1 L alcohol in breath, aggravated: 0.12% or 0.53 mg/1 L alcohol in breath. The penalty is a fine or jail up to six months plus license suspension from one month to five years. For aggravated, also a prison sentence (sixty days to two years) is possible, usually as a suspended sentence. For users of non-motor vehicles such as bicycles or light electric vehicles, there is no set blood alcohol limit, but endangerment caused by driving while intoxicated is punishable. Routine breath testing, without a probable cause, is permitted and often practiced.
  • France: 0.05% or 0.02% for new drivers (under three years of driving license) and bus drivers (€135 fine and six demerit points on the driver's license, which can be suspended for three years maximum), 0.08% (aggravated, criminal offense, license suspension for three years, €4,500 fine, and up to two years' imprisonment)
  • Georgia: 0.03%
  • Germany: Zero for beginners (less than two years' experience or under the age of 21), professional drivers, bus drivers, truck drivers, and drivers transporting passengers commercially; 0.03% in conjunction with any other traffic offense or incident; 0.05% otherwise. For cyclists, the limit is set at 0.16%, where not in conjunction with any other traffic offense or incident. Starting at 0.16%, cyclists face the same penalties as they would for operating a motor vehicle. Penalties start at a €500 fine and one-month license suspension, fines are means tested based upon one's disposable income. From 0.11%, the penalty is means tested based upon one's disposable income but at minimum a €500 fine and the withdrawal of the driver's license for at least six months, but usually about one year and in some cases, the driving licence is revoked rather than withdrawn (this penalty is set by the court and revocation means a new licence needs to be applied for after the period instated by the court). In certain states (Berlin, Bavaria, Baden-Wurttemberg) a Medical Psychological Assessment (MPU) will be ordered from 0.11% in order to be reissued with a new licence after one's revocation period and this also optionally may be ordered (at the authority's discretion) in all other states; from 0.16%, reissue of the licence requires a successful MPU. From 0.11% within ten years of an offense from 0.05%, there is a minimum €1,000 fine and a one-year license withdrawal; the driver has to successfully pass an MPU and is required to prove to the court that they have been sober for the last twelve months, before they can get their licence back. For repeat offenses, the fine is multiplied by the ordinal of the offence (doubled, tripled, etc.), regardless of the amount by which the driver was over the limit. These minimum penalties are usually exceeded by the German courts. From 0.11%, the courts usually also require the DUI offender to do unpaid community service. Note that decisions on licence reinstatement after revocation do not lie with the court but with the local administrative office for driving licenses (Verkehrsamt).
  • Gibraltar: 0.05%
  • Greece: 0.05% (BrAC 0.25 mg/L), reduced to 0.02% (BrAC 0.10 mg/L) for unlicensed or new drivers who have held a license for less than two years, motorcycle and professional drivers. Above 0.11% (BrAC 0.60 mg/L) it's considered a flagrant misdemeanour punishable with up to two years of imprisonment and a hefty fine in the court plus the revoking of the driver's licence for six months. Routine breath testing without a probable cause is permitted and practised by the traffic police, especially on weekends and major holidays.
  • Hungary: 0
  • Iceland: 0.02%
  • Republic of Ireland: 0.05% generally or 0.02% for learner drivers, newly qualified drivers (those who have their license for less than two years) and professional drivers, and those who do not have their driving license on them when stopped by the Gardaí. Police do not need a reason to request a breath sample. Being convicted of drunk driving usually carries a two-year ban as well as a €1,500 fine.
  • Italy: From 0.05% to 0.08% (€543–2,170 fine, three to six months' license suspension), from 0.08% to 0.15% (it's an offence, €800–3,200 fine, six to twelve months' license suspension, up to six months' imprisonment), over 0.15% (it's an offence, €1,500–6,000 fine, one to two years' license suspension, six to twelve months' imprisonment, vehicle seizure and confiscation), zero for drivers with less than three years' experience and professional drivers (bus, trucks, etc.). License is always revoked in case of: professional drivers, second offence committed within two years or in case of a crash. If the driver refuses examination he is considered to have been under influence by default applying the over 0.15% rules. Routine breath testing without probable cause is permitted and practiced by various law enforcement agencies.
  • Latvia: 0.02% for drivers with less than two years of experience and 0.05% for those with more than two years of experience.
  • Liechtenstein: 0.08%
  • Lithuania: Zero for taxi, truck, bus, motorcycle drivers, drivers with less than two years of experience and 0.04% for those with more than two years of experience
  • Luxembourg: 0.02% for professional drivers and drivers with less than two years of experience and 0.05% for the rest (€145 fine and two demerit points on the driving licence if caught). 0.08% earns drivers a citation, 0.12% means loss of license (since 1 October 2007)
  • Malta: 0.08% Malta is the only EU country with a rate greater than 0.05%. Malta is not able to compute the rate of traffic fatalities due to alcohol.
  • Moldova: 0.03%
  • Montenegro: 0.03%
  • Netherlands: 0.05% or 220 μg/L BrAC, 0.02% for drivers with less than five years' experience (or less than seven years' experience when the driver got his/her license before reaching the age of eighteen). Educational measures or rehabilitation courses are given when disobeying the law. The LEMA (Light Educational Measure Alcohol and traffic) consists of two half-days of 3.5 hours each. LEMA is intended for drivers with a BAC between 0.8‰ and 1.0‰ (between 0.5‰ and 0.8‰ for novice drivers). In the Netherlands, the legal limit for this group of drivers is 0.2‰. The course is compulsory; if refused (or when not participating actively enough), the driving licence is declared invalid. The offender must pay the course fee of €647 (CBR pricelist 2015). The EMA (Educational Measure Alcohol and traffic) is a two-day course (one full day and two half-days) given to people who participated in traffic with a blood alcohol concentration (BAC) between 1.0‰ and 1.3‰ (between 0.8‰ and 1.0‰ for novice drivers). EMA is compulsory: if the offender does not participate (or not actively enough), the driving licence is suspended. In addition, the offender must pay the course fee of €1033 (CBR pricelist 2015).
  • North Macedonia: Zero for professional drivers, public service drivers, commercial transport and beginner drivers, 0.05% for all others
  • Norway: 0.02%. Punishment depends on the alcohol level. 0.02% (fine, but one may also risk a suspended licence if any aggravated circumstances are present.), 0.05% (fine, suspended sentence and suspended license), 0.1% (fine, suspended or mandatory sentence and suspended license), 0.15% (fine, mandatory sentence and suspended license). The guidelines state that the fine for an alcohol level of more than 0.05% should be around 1.5 months base salary and usually not lower than 10,000 NOK. For 0.02% to 0.05% the fine is lower. Prison sentences are usually around three weeks to three months with a maximum of one year. The suspension period varies from less than a year to forever, when license is suspended forever, one may apply to get it back after five years.
  • Poland: 0.02% (misdemeanour, punishable by fine and 10 penalty points, suspended sentence of up to 30 days of jail and possible driving license suspension for up to 3 years), 0.05% (crime, punishable by fine and 10 penalty points, suspended sentence or mandatory sentence of jail up to 2 years, possible driving license suspension from 3 years up). Intoxication is also considered an aggravated circumstance in case of a crash, resulting in a more severe punishment.
  • Portugal: Above 0.2 but lower than 0.5 g/L for drivers with less than three years of experience, emergency vehicle drivers, children transportation, drivers younger than 16, taxi drivers, drivers of C, CE, D, DE categories, hazardous material transport drivers and TVDE (Transport of Passengers in Unmarked Vehicles by Electronic Platform Operators). constitutes a fine of €250 up to €1250 and it may occur in inhibition of driving from 1 month up to 1 year. From 0.5 g/L above it will incur in a fine from €500 up to €2500 and a driving inhibition from 2 months up to 2 years. After 1.2 g/L it is considered a crime. For all other drivers, from 0.5 but below 0.8 g/L incurs in a fine from €250 to €1250 and the 1 month to 1 year inhibition, while from 0.8 to below 1.2 g/L incurs in a fine from €500 to €2500 with the 2 months to 2 years inhibition. 1.2 g/L and above is also a crime for these drivers
  • Romania: 0.00% mg/L. Below 0.40% mg/L alcohol BAC in exhaled air results in highest-category (expensive) civil penalty (between 3,045 RON - 7,250 RON, equivalent of ~630 EUR - 1500 EUR) and suspended license for 3 months. Above 0.40% mg/L BAC in exhaled air results in pursuing criminal action (with or without temporary incarceration, upon circumstances), which most often leads to imprisonment between 1 and 5 years or criminal fine in best cases.
  • Russian Federation: 0.0356% since 1 September 2013, previously zero since 2010
  • Serbia: 0.02% for all, zero for motorcycle drivers, professional drivers, public service drivers, commercial transport and beginning drivers
  • Slovakia: The law is zero. But the police will not prosecute a BAC below 0.03% or a BrAC below 0.15 mg/l.
  • Slovenia: Zero for drivers with three years' experience or less and professional drivers, 0.24 mg/L (0.05%) for all others The driver's license of those who reject the sobriety test may be revoked permanently, and their revocation stays in records indefinitely.
  • Spain: 0.05% BAC (0.25 mg/L BrAC) and 0.03% BAC (0.15 mg/L BrAC) for drivers with less than two years' experience and drivers of freight vehicles over 3.5 tonnes, and of passenger vehicles with more than nine seats. Surpassing the limit is a serious offense, fined with €500. Driving with an alcohol rate over 0.12% is a crime (up to six months' imprisonment and license suspension up to one year).
  • Sweden: 0.02%. Above 0.1% is considered aggravated. Annually about 2.5 million random tests are performed for alcohol and about twelve thousand tests on suspicion of drugs.
  • Switzerland: Zero for drivers with less than three years' experience, 0.05% for all others
  • Ukraine: 0.02%
  • United Kingdom
    • England and Wales and Northern Ireland: 80 mg/100 mL (~0.08% BAC) alcohol in blood, 35 μg/100 mL alcohol in breath or 107 mg/100 mL alcohol in urine.
    • Scotland: 50 mg/100 mL (~0.05% BAC) alcohol in blood or 22 μg/100 mL alcohol in breath (legislation became effective from 5 December 2014)

United Kingdom

Novelty "Breathalyser 'pint'" beer glass, about 2 inches tall, dating from around the time of the introduction of breathalysers in the United Kingdom, in 1967

In Britain the practice is called "drink driving". In British law it is a criminal offence to be drunk in charge of a motor vehicle. The definition of "in charge" depends on such things as being in or near the vehicle, and having access to a means of starting the vehicle's engine and driving it away (i.e., the keys to a vehicle). Someone over the limit in a passenger seat can also be prosecuted if the police believe they had been driving or are able to show that there was a likelihood of them driving. This offense requires an objective measurement of fitness (or otherwise) to drive and is not often prosecuted.

There is also a "prescribed limit" offence of driving a motor vehicle with excess alcohol in the body above the prescribed limit. There are different prescribed limits in different jurisdictions within the United Kingdom. In England and Wales, and in Northern Ireland, the prescribed limit is 35 micrograms of alcohol per 100 millilitres of expired alveolar breath (or 80 milligrams of alcohol per 100 millilitres of blood): in Scotland, however, the prescribed limit is only just over half of this, i.e. 22 micrograms of alcohol per 100 millilitres of expired alveolar breath (or 50 milligrams of alcohol per 100 millilitres of blood).

The UK's drug driving laws were amended in 2015. The changes included a new roadside testing kit, which could detect the presence of cocaine and cannabis in a suspect's saliva and zero tolerance limits for a number of illegal drugs. Limits were also set for certain prescription medications. The laws, however, did not end the use of the field impairment test, but made them more relevant for determining driver impairment by those drugs that are not now covered by the new legislation, or cannot be identified by the limited use of a device, that currently are only authorised for cannabis and cocaine.

It is an offence to refuse to provide a specimen of breath, blood or urine for analysis. The penalties for refusing are the same as those for actual drunk driving. The request to take a screening breath test must be made by a police officer in uniform, but can only be made if one of the following situations apply:

  1. the police officer has reasonable cause to suspect that the driver has committed, or is committing, a moving traffic offence, or
  2. if, having stopped, an officer has reasonable cause to suspect that the person driving/attempting to drive/in charge of the vehicle has consumed alcohol, or
  3. the police officer has reasonable cause to believe that the person is or was driving/attempting to drive/in charge of a motor vehicle when it was involved in an accident.

The offence of driving whilst under the influence of alcohol is one to which there is no defence, as such (although defences such as duress or automatism, which are not specific to the offence of driving with excess alcohol, may apply in certain rare circumstances). However, it may be possible to argue that special reasons exist which are such that the offender should not be disqualified from driving despite having committed the offence. Special reasons are notoriously difficult to establish, and the burden of proof is always upon the accused to establish them. Such reasons may include:

  • shortness of distance driven
  • unintentional commission of the offence (e.g., laced drinks)
  • emergencies

Magistrates' sentencing guidelines

In England and Wales, when drink driving offenders appear before a magistrates' court, the magistrates have guidelines they refer to before they decide on a suitable sentence to give the offender. These guidelines are issued by the Sentencing Guidelines Council and cover offences for which sentence is frequently imposed in a magistrates' court when dealing with adult offenders. Offences can either be tried summarily, which means they can only be heard in the magistrates' court, or they can be an "either way" offence which means magistrates may find their sentencing powers are insufficient and indict the case to a higher Crown Court. The majority of drunk driving offences are summary-only offences which can only be tried in a magistrates' court. The most serious offences, such as a collision with death or injury, must be indicted to Crown Court.

In the UK, driving or attempting to drive whilst above the legal limit of 0.08% BAC in England, Wales and Northern Ireland, and 0.05% BAC in Scotland or unfit through drink carries a maximum penalty of six months' imprisonment, a fine of up to £5,000 and a minimum twelve months' disqualification. For a second offence committed within ten years of conviction, the minimum ban is three years. Being in charge of a vehicle whilst over the legal limit or unfit through drink could result in three months' imprisonment plus a fine of up to £2,500 and a driving ban. Causing death by careless driving when under the influence of alcohol or other drugs carries a maximum penalty of fourteen years in prison, an unlimited fine, a minimum two-year driving ban, and a requirement to pass an extended driving test before the offender is able to drive legally again. In theory, the fine is means-tested and based on disposable income. A person must be disqualified from driving post-conviction for drink driving for a minimum of 12 months, and will usually receive a fine or imprisonment.

As with England and Wales, road traffic law in Scotland is in the main framed within the Road Traffic Act 1988 as amended. Prosecution and disposal of drink-drive offences is broadly similar to England and Wales with less serious cases prosecuted on complaint through the sheriff summary courts. Cases involving aggravations, life-changing or fatal injuries are prosecuted on indictment via the sheriff solemn or high court. As with most UK-wide legislation, the penalties and sentencing guidelines for drink driving in Scotland mirror those in effect in England and Wales.

Oceania

Australia

  • Australia: 0.05% BAC

Road laws are state or territory based, but all states and territories have set similar rules. In particular, alcohol must never exceed 0.05g of alcohol in every 100ml of blood; limits for certain categories of drivers are lower, differing in different states.

Australian laws allow police officers to stop any driver and perform a random breath test or drug test without reason. Roadblocks can be set up just about anywhere (for example, leading out of town centres on Friday and Saturday nights and after football matches or other major events), where every single driver may be randomly breath-tested. People found to have excessive alcohol or any banned substances are taken to a police station for further analysis. Those over 0.08% will receive an automatic disqualification of their licence and must appear in court. This differs from UK and US laws where police generally need a reason to suspect that the driver is intoxicated before requesting a breath or sobriety test. It is an offence in Australia to refuse to provide a sample of breath when required to, with severe penalties, including prison.

Australian Capital Territory

  • Zero for drivers or riders holding a learners, provisional, restricted or probationary licence and for drivers operating heavy vehicles over 15t GVM or driving a public vehicle for hire or reward (for example taxi and bus drivers)
  • 0.05% for all other drivers

New South Wales

  • Zero for learner and provisional licences
  • 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

Northern Territory

  • Zero for provisional (probationary) license holders and all motorcyclists
  • 0.05% for all other drivers

Queensland

  • Zero for the drivers of trucks, buses, articulated vehicles, vehicles carrying dangerous goods, pilot vehicles, taxis, all learner drivers and provisional drivers and RE class licensed motorcyclists in their first twelve months.
  • 0.05% for other drivers

South Australia

  • Zero for learner, provisional, probationary, heavy (greater than fifteen tonnes) vehicle, taxis, licensed chauffeured vehicles, dangerous goods, and bus licenses.
  • 0.05% for all other drivers

Tasmania

  • Zero for learner, provisional, truck, bus, and taxi licences
  • 0.05% for all other drivers

Victoria

  • Zero for unlicensed drivers, holders of learner permits and probationary licences, "professional" drivers, and certain relicensed drunk-drivers.
  • 0.05% for all other drivers.

There are also other restrictions for drivers in Victoria:

  • Limits apply within three hours of driving - that is, police can require a person to submit to an alcohol or drugs test within three hours of driving and it is an offence to fail that test, unless the drug or alcohol use occurred after driving (see Road Safety Act 1986, ss. 49, 53 and 55E).
  • Licences cancelled for certain serious drink-driving offences may only be reissued after obtaining a court order. This is the case for repeat offenders, and first offenders above 0.15%. In such cases, the relicensed driver is subject to a 0 limit for three years following relicensing, or for as long as the person is required to use an alcohol interlock.
  • Alcohol interlocks must be imposed whenever a repeat drunk-driver is relicensed.
  • A court also has discretion to impose an alcohol interlock when relicensing a first offender in certain serious cases, generally when the offence involves a BAC by mass of 0.15% or higher.
  • The law requires interlocks to be used for certain minimum periods, but the requirement to use an interlock does not automatically end at the completion of the minimum period. Once that period has expired, an individual may apply to a court to have the interlock condition removed from their driver's licence. The State Police must be given notice of the application and may make submissions to the court on whether the interlock condition should be removed. The court will also take into account data recorded by the interlock itself (e.g., whether any attempts were made to start the vehicle by a person who had been drinking).
  • Driving without an interlock when one is required carries severe penalties, including imprisonment.
  • If a doctor treats any patient not under fifteen years of age as a result of a motor vehicle crash, 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. If this process is skipped the doctor may not be able to discover the alcohol blood level. The results can be used as evidence in subsequent court proceedings.
  • The law allows a police officer to require any driver (or any person who has driven a vehicle within the last three hours) to perform a random saliva test for methamphetamine, cannabis and MDMA, all of which are subject to a zero limit (per Road Safety Act 1986: ss. 49, 55E & 55D)

Western Australia

  • Zero for learner and probationary licence-holders and persons convicted of driving under the influence or failing to comply with a request for breath, blood or urine (for three years after the offense).
  • 0.05% for all other drivers.

Driving with 0.15% BAC by mass and above (legally defined as Drunk Driving) is a distinct offence from having over 0.08% but under 0.15% BAC, and is subject to heavier penalties. Persistent offenders may be barred from driving for terms up to and including life, and may be imprisoned.

The law allows a police officer to require any driver to perform a random saliva test for methamphetamine, cannabis or MDMA, all of which are subject to a zero limit.

New Zealand

New Zealand operates a program called Compulsory Breath Testing, which allows police to stop motorists at any time without having any reason to do so. CBT is carried out at roadside checkpoints and by mobile patrols. The police also carry out roadside drug tests upon motorists they suspect have used drugs.

The system in New Zealand is age-based. The limits are:

  • Zero for people under twenty years
  • 0.05% BAC or 250 μg/L breath for people twenty years and over

The penalties for exceeding the limits are:

  • People under twenty years, up to 0.03% BAC, 150 μg/L breath: instant NZ$200 fine and fifty demerit points
  • People under twenty years, 0.03–0.08% BAC, 150–400 μg/L breath: up to three months' imprisonment, up to NZ$2,250 fine or both. Loss of license for three months or more.
  • People twenty years and over, 0.051–0.08% BAC, 251–400 μg/L breath: instant NZ$200 fine and fifty demerit points. Twelve-hour prohibition from driving immediately after test.
  • All people over 0.08% BAC, 400 μg/L breath (first and second offenses): up to three months' imprisonment, up to NZ$4,500 fine or both; loss of license for six months or more
  • All people over 0.08% BAC, 400 μg/L breath (third and subsequent offenses): two years' imprisonment; NZ$6,000 fine; loss of license for one year or more

Drivers convicted of excess breath alcohol may be required to gain a zero-limit license.

Note that penalties apply to the lowest reading taken across both breath and blood tests. For example, if a driver twenty years or over has a breath test result of 426 μg/L but a subsequent blood test returns 0.077% BAC, then the driver is not charged with any drink driving offense despite the breath reading being over the breath alcohol limit. The penalty for injuring or killing someone when under the influences is the same as dangerous driving (up to ten years' imprisonment, up to NZ$20,000 or both, and loss of license for one year or more).

Other countries in Oceania

  • French Polynesia: 0.05%
  • Micronesia: 0.05%
  • Fiji: 0.08% general population, zero tolerance for novice and professional drivers
  • Palau: Zero for new or inexperienced drivers and commercial or professional drivers, 0.10% for all other drivers

See also

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