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Driving under the influence

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Driving under the influence, drink-driving, drunk driving, or drinking and driving is the act of operating a motor vehicle after having consumed alcohol (ethanol) or other drugs, to the degree that mental and motor skills are impaired. It is illegal in most jurisdictions. Several anti-drink-driving advertising campaigns have aimed to raise awareness of the legal situation and the dangers of driving while intoxicated. Drink-driving is responsible for a very large number of deaths, injuries, damage and accidents every year.

The specific criminal offence may be called, depending on the state, driving while intoxicated (DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), or drunk in charge [of a vehicle]. Such laws may also apply to boating, or piloting aircraft.

Guilt may be established by subjective tests of the driver's impairment, or measurement of his blood alcohol content (BAC). This is expressed in terms of milligrams of alcohol per millilitres of blood, or as a percentage. (10 mg/100 ml = 0.01 g/100 g = 0.01 %).

United States

Main article : Drunk driving (United States)

All states have an illegal per se limit of 0.08%. Some states also include a lesser charge — often known as driving while impaired — at a BAC of around 0.05%. Also, in all states, drivers under the drinking age of 21 have committed a drunk driving offence if they have any alcohol in their blood (set at .00%, .01% or .02% to be meaningful).

The limit for aircraft pilots and commercial drivers is 0.04%.


Canada

Main article : Impaired driving (Canada)

Driving under the influence is a generic term for a series of offences under the Canadian Criminal Code. The main offences are operating a motor vehicle while the ability to do so is impaired by alcohol or a drug, contrary to section 253(a) of the Criminal Code, and operating a motor vehicle while having a blood-alcohol concentration of greater than 80 milligrams of alcohol in 100 millilitres of blood, contrary to section 253(b) of the Criminal Code.

The offences are usually investigated by the police coming across a driver with either an erratic driving pattern or who has been pulled over. The police make a demand that the driver give a sample of his breath into an approved screening device, which will determine the driver's blood-alcohol concentration on a preliminary, non-evidentiary basis. If the police believe on reasonable and probable grounds that the driver is commiting an offence under section 253 of the Criminal Code, the police can demand that the driver go to the police station to give samples of his breath for an approved instrument test, which would be used to prosecute the driver.

The punishments for impaired driving or driving over 80 are:

  • For the first offence: $600 fine, 1-year driving prohibition;
  • For the second offence: 14 days gaol, 2-year driving prohibition;
  • For the third or subsequent offence: 90 days gaol, 3-year driving prohibition.

Europe

Note: "Zero" usually means "below detection limit".

Australia

Road laws are state based

  • Australian Capital Territory
    • 0.02% for "professional" drivers (taxi, bus, dangerous goods vehicles, heavy vehicles over 4.5 tonnes, Commonwealth vehicles) and learner and P plate drivers
    • 0.05% for experience drivers (that is drivers over 18 years of age who have been driving for more than 3 years and are not classed as "professional" drivers)
  • New South Wales:
    • Zero for Learner and Provisonal licences and 0.02 % for Drivers of vehicles of "gross vehicle mass" greater than 13.9 tonnes, vehicles carrying dangerous goods or public vehicles such as a taxi or bus.
    • 0.05% for all other drivers
  • Queensland
    • A Zero limit applies to the drivers of trucks, buses, articulated vehicles, vehicles carrying dangerous goods, pilot vehicles, and taxis. It also applies to all learner drivers and provisional drivers under 25 years of age.
    • 0.05% for other drivers.
  • South Australia
    • Zero limit for learner, provisional, probationary, heavy (greater than 15 tonne) vehicle, taxis, licensed chauffeured vehicles, dangerous goods, and bus licences.
    • 0.05% for all other drivers.
  • Tasmania
    • Zero limit for learner, provisional, truck, bus, and taxi licences.
    • 0.05% for all other drivers.
  • Victoria
    • Zero limit applies for Learner and Probationary licences, as well as any 'professional' drivers - including tram drivers.
    • 0.05% for all other drivers.
  • Western Australia
    • 0.02% for provisional (probatory) licence holders.
    • 0.05% for all other drivers.

In Australia, there are laws that allow for a police officer to stop any driver and perform a random breath test, without needing any reason. Also, in Victoria, for example, if a doctor sees any patient who is 15 years old or older, who comes to him as a result of a road accident, the doctor must test the patient's alcohol content in a way that preserves the chain of evidence, regardless of whether the patient claims to be the driver or any other circumstances.

Americas

Africa

Middle East

Western pacific

South-East Asia

Philosophical perspectives

An overview of the philosophical approach to DUI, especially with respect to ethical and pedagogical concerns, is James B. Gould's "A Sobering Topic: Discussing Drunk Driving in Introductory Ethics" in 'Teaching Philosophy' 21:4 (December 1998), 339-360.

Gould's central point is that drink-driving offers an ethical case that, for most people, is clear-cut in the fundamentals, familiar from everyday life, and extraordinarily complicated in the details. In other words, it's ideal for philosophical analysis at the introductory level.

He cites the few articles by academic philosophers that he could find:

  • Douglas N. Husak, "Is Drunk Driving a Serious Offense?" 'Philosophy and Public Affairs' 23 (1994).
  • Bonnie Steinbock, "Drunk Driving." 'Philosophy and Public Affairs' 14 (1985).
  • James D. Stuart, "Deterrence, Desert and Drunk Driving," 'Public Affairs Quarterly' 3 (1989).
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