Addressing the harmful use of alcohol - WHO Western Pacific Region

9. Deterring drink-driving
why drink-driving is an offence in itself. Many countries’ traffic laws include offences such as
dangerous driving or driving causing injury, which may apply together as aggravating factors
with a charge of drink-driving, increasing the penalties. In some countries, including New
Zealand and Australia, a drunk driver who causes a fatality may be charged with manslaughter.
Table 9.1 : Legislative examples
Land Transport Act, New Zealand (1998)
Drivers not to exceed specified alcohol limits.
A person may not drive or attempt to drive a motor vehicle while—
a) The proportion of alcohol in the person’s breath, as ascertained by an evidential breath
test subsequently undergone by the person under section 69, exceeds 400 micrograms of
alcohol per litre of breath; or
b) The proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood
specimen subsequently taken from the person under section 72 or section 73, exceeds 80
milligrams of alcohol per 100 millilitres of blood; or
c) If the person is younger than 20,—
i) The proportion of alcohol in the person’s breath, as ascertained by an evidential breath
test subsequently undergone by the person under section 69, exceeds 150 micrograms
of alcohol per litre of breath; or
ii) The proportion of alcohol in the person’s blood, as ascertained from an analysis of a
blood specimen subsequently taken from the person under section 72 or section 73,
exceeds 30 milligrams of alcohol per 100 millilitres of blood.
Highway Traffic Act, Ontario (1990)
48 (1) A police officer, readily identifiable as such, may require the driver of a motor vehicle to
stop for the purpose of determining whether or not there is evidence to justify making a
demand under section 254 of the Criminal Code (Canada).
2) Where, upon demand of a police officer made under section 254 of the Criminal Code
(Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of
breath which, on analysis by an approved screening device as defined in that section,
registers “Warn” or “Alert” or otherwise indicates that the concentration of alcohol in the
person’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the police
officer may request that the person surrender his or her driver’s licence.
3) Where, upon demand of a police officer made under section 254 of the Criminal Code
(Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of
breath which, on analysis by an instrument approved as suitable for the purpose of section
254 of the Criminal Code (Canada), indicates that the concentration of alcohol in his or her
blood is 50 milligrams or more of alcohol in 100 millilitres of blood, a police officer may
request that the person surrender his or her driver’s licence.
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