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Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the influence (OVI), and drink-driving (UK/Ireland)—is the offense of driving, operating, or being in control of a vehicle while impaired by
alcohol Alcohol most commonly refers to: * Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom * Alcohol (drug), an intoxicant found in alcoholic drinks Alcohol may also refer to: Chemicals * Ethanol, one of sev ...
or other
drug A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via insuffla ...
s (including
recreational drug Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...
s and those prescribed by
physicians A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through th ...
), to a level that renders the driver incapable of operating a motor vehicle safely.


Terminology

The name of the offense varies from jurisdiction to jurisdiction and from legal to colloquial terminology. In the United States, the specific
criminal offense In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
is usually called driving under the influence, but states may use other names for the offense including "driving while intoxicated" (DWI), "operating while impaired" (OWI) or "operating while ability impaired", and "operating a vehicle under the influence" (OVI). Such laws may also apply to boating or piloting aircraft. Vehicles can include
farm machinery Agricultural machinery relates to the mechanical structures and devices used in farming or other agriculture. There are many types of such equipment, from hand tools and power tools to tractors and the countless kinds of farm implements that the ...
and horse-drawn carriages, along with
bicycle A bicycle, also called a pedal cycle, bike or cycle, is a human-powered or motor-powered assisted, pedal-driven, single-track vehicle, having two wheels attached to a frame, one behind the other. A is called a cyclist, or bicyclist. Bic ...
s. Other commonly used terms to describe these offenses include drinking and driving, drunk driving, drunken driving, impaired driving, operating under the influence, or "over the prescribed limit". In the United Kingdom, there are two separate offences to do with alcohol and driving. The first is "Driving or attempting to drive with excess alcohol" (legal code DR10), the other is known as "In charge of a vehicle with excess alcohol" (legal code DR40) or "drunk in charge" due to the wording of the
Licensing Act 1872 The Licensing Act 1872 (35 & 36 Vict c 94) is an Act of the Parliament of the United Kingdom. It is one of the Licensing Acts 1828 to 1886 and was one of the Licensing (Ireland) Acts 1833 to 1886. It enacted various regulations and offences r ...
. In relation to motor vehicles, the
Road Safety Act 1967 A road is a linear way for the conveyance of traffic that mostly has an improved surface for use by vehicles (motorized and non-motorized) and pedestrians. Unlike streets, the main function of roads is transportation. There are many types of ...
created a narrower offense of driving (or being in charge of) a vehicle while having breath, blood, or urine alcohol levels above the prescribed limits (colloquially called "being over the limit"); and a broader offense of "driving while unfit through drink or drugs," (DR20 and DR80 respectively) which can apply even with levels below the limits. These provisions were re-enacted in the
Road Traffic Act 1988 The Road Traffic Act 1988 (c. 52) is an Act of the Parliament of the United Kingdom, concerning licensing of vehicles, insurance and road regulation. Contents Part I contains a number of traffic offences including causing death by dangerous drivi ...
. A separate offense in the 1988 Act applies to bicycles. While the 1872 Act is mostly superseded, the offense of being "drunk while in charge ... of any carriage, horse, cattle, or steam engine" is still in force; "carriage" has sometimes been interpreted as including
mobility scooter A mobility scooter is an electric vehicle and mobility aid mostly auxiliary to a power wheelchair but configured like a motorscooter. When motorized they are commonly referred to as a power-operated vehicle/scooter, or electric scooter. Non-mot ...
s.


Definition

The criminal offense may not involve actual driving of the vehicle, but rather may broadly include being physically "in control" of a car while intoxicated, even if the person charged is not in the act of driving. For example, individuals found in the driver's seat of a car while intoxicated and holding the car keys, even while parked, may be charged with DUI in the majority of U.S. states because they are in control of the vehicle. In construing the terms DUI, DWI, OWI, and OVI, a few states ''which?''.html" ;"title="ikipedia:Avoid_weasel_words.html" ;"title="nowiki/>Wikipedia:Avoid weasel words">''which?''">ikipedia:Avoid_weasel_words.html" ;"title="nowiki/>Wikipedia:Avoid weasel words">''which?''/sup> such as California therefore make it illegal to ''drive a motor vehicle'' while under the influence or driving while intoxicated while the others all indicate that it is illegal to ''operate a motor vehicle'' while under the influence. Virtually all of the states permit enforcement of DUI/DWI and OWI/OVI statutes based on "operation and control" of a vehicle, while California and a few others ''which?''.html" ;"title="ikipedia:Avoid_weasel_words.html" ;"title="nowiki/>Wikipedia:Avoid weasel words">''which?''">ikipedia:Avoid_weasel_words.html" ;"title="nowiki/>Wikipedia:Avoid weasel words">''which?''/sup> require actual "driving". "The distinction between these two terms is material, for it is generally held that the word 'drive,' as used in statutes of this kind, usually denotes movement of the vehicle in some direction, whereas the word 'operate' has a broader meaning so as to include not only the motion of the vehicle but also acts which engage the machinery of the vehicle that, alone or in sequence, will set in motion the motive power of the vehicle." (''State v. Graves'' (1977) 269 S.C. 356 [237 S.E.2d 584, 586–588, 586. fn. 8].) ''Merriam Webster's Dictionary'' defines DUI (in the United States) as "1. the act or crime of driving a vehicle while affected by alcohol or drugs; 2. an arrest or conviction for driving under the influence; 3. a person who is arrested for or convicted of driving under the influence." In some countries (including Australia and many jurisdictions throughout the United States), a person can be charged with a criminal offense for riding a bicycle, skateboard, or horse while intoxicated or under the influence of alcohol.


Alcohol

With alcohol consumption, a
drunk driver Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. In the United States, alcohol is invo ...
's level of intoxication is typically determined by a measurement of
blood alcohol content Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes; it is expressed as mass of alcohol per volume or mass of blood. For exampl ...
or BAC; but this can also be expressed as a breath test measurement, often referred to as a BrAC. A BAC or BrAC measurement in excess of the specific threshold level, such as 0.08%, defines the
criminal offense In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
with no need to prove impairment. In some jurisdictions, there is an aggravated category of the offense at a higher BAC level, such as 0.12%, 0.15%, or 0.25%. In many jurisdictions, police officers can conduct field tests of suspects to look for signs of intoxication. The legal limit in Florida is .08% BAC. The US state of Colorado has a maximum blood content of
THC Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''THC' ...
for drivers who have consumed
cannabis ''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: ''Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternatively ...
, but it has been difficult to enforce. In some countries, it is measured and known in gram per blood liter, with 0.5 g/L similar to a 0.05% rate, other use per mille (per thousand sign) with 0.5‰ = 0.05%.


Blood alcohol content

Drinking enough
alcohol Alcohol most commonly refers to: * Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom * Alcohol (drug), an intoxicant found in alcoholic drinks Alcohol may also refer to: Chemicals * Ethanol, one of sev ...
to cause a
blood alcohol concentration Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes; it is expressed as mass of alcohol per volume or mass of blood. For exampl ...
(BAC) of 0.03–0.12% typically causes a flushed, red appearance in the face and impaired judgment and fine muscle coordination. A BAC of 0.09% to 0.25% causes
lethargy Lethargy is a state of tiredness, sleepiness, weariness, fatigue, sluggishness or lack of energy. It can be accompanied by depression, decreased motivation, or apathy. Lethargy can be a normal response to inadequate sleep, overexertion, overwo ...
,
sedation Sedation is the reduction of irritability or agitation by administration of sedative drugs, generally to facilitate a medical procedure or diagnostic procedure. Examples of drugs which can be used for sedation include isoflurane, diethyl ether, ...
, balance problems, and blurred vision. A BAC from 0.18% to 0.30% causes profound confusion, impaired speech (e.g., slurred speech), staggering, dizziness, and vomiting. A BAC from 0.25% to 0.40% causes stupor, unconsciousness,
anterograde amnesia In neurology, anterograde amnesia is the inability to create new memories after the event that caused amnesia, leading to a partial or complete inability to recall the recent past, while long-term memories from before the event remain intact. T ...
, vomiting, and
respiratory depression Hypoventilation (also known as respiratory depression) occurs when ventilation is inadequate (''hypo'' meaning "below") to perform needed respiratory gas exchange. By definition it causes an increased concentration of carbon dioxide (hypercapnia ...
(potentially life-threatening). A BAC from 0.35% to 0.80% causes a
coma A coma is a deep state of prolonged unconsciousness in which a person cannot be awakened, fails to respond normally to painful stimuli, light, or sound, lacks a normal wake-sleep cycle and does not initiate voluntary actions. Coma patients exhi ...
(unconsciousness), life-threatening respiratory depression, and possibly fatal
alcohol poisoning Alcohol intoxication, also known as alcohol poisoning, commonly described as drunkenness or inebriation, is the negative behavior and physical effects caused by a recent consumption of alcohol. In addition to the toxicity of ethanol, the main ps ...
. There are a number of factors that affect the time in which BAC will reach or exceed 0.08, including weight, the time since one's recent drinking, and whether and what one ate within the time of drinking. A 170 lbs male can drink more than a 135 lbs female, before being over the BAC level. NHTSA reports that the following blood alcohol levels (BAC) in a driver will have the following predictable effects on his or her ability to drive safely: (1) A BAC of .02 will result in a " cline in visual functions (rapid tracking of a moving target), decline in ability to perform two tasks at the same time (divided attention)"; (2) A BAC of .05 will result in " duced coordination, reduced ability to track moving objects, difficulty steering, reduced response to emergency driving situations"; (3) A BAC of .08 will result in " ncentration, short-term memory loss, speed control, reduced information processing capability (e.g., signal detection, visual search), impaired perception"; (4) A BAC of .10 will result in " duced ability to maintain lane position and brake appropriately"; and (5) A BAC of .15 will result in " bstantial impairment in vehicle control, attention to driving task, and in necessary visual and auditory information processing." A
breathalyzer A breathalyzer or breathalyser (a portmanteau of ''breath'' and ''analyzer/analyser'') is a device for estimating blood alcohol content (BAC), or to detect viruses or diseases from a breath sample. The name is a genericized trademark of the Br ...
is a device for estimating BAC from a breath sample. It was developed by inventor
Robert Frank Borkenstein Robert Frank Borkenstein (August 31, 1912 – August 10, 2002) was an American inventor, researcher, and professor, and is known as the inventor of the Breathalyzer. Early Years Robert F. Borkenstein was born in Fort Wayne, Indiana on August 31, ...
and registered as a trademark in 1954, but many people use the term to refer to any generic device for estimating
blood alcohol content Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes; it is expressed as mass of alcohol per volume or mass of blood. For exampl ...
. With the advent of a scientific test for BAC, law enforcement regimes moved from sobriety tests (e.g., asking the suspect to stand on one leg) to having more than a prescribed amount of blood alcohol content while driving. However, this does not preclude the simultaneous existence and use of the older subjective tests in which
police officer A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...
s measure the intoxication of the suspect by asking them to do certain activities or by examining their eyes and responses. BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. Research shows an exponential increase of the relative risk for a crash with a linear increase of BAC as shown (Relative risk of an accident based on blood alcohol levels) BAC does not depend on any units of measurement. In Europe, it is usually expressed as milligrams of alcohol per 100 milliliters of blood. However, 100 milliliters of blood weighs essentially the same as 100 milliliters of water, which weighs precisely 100 grams. Thus, for all practical purposes, this is the same as the simple dimensionless BAC measured as a percent. The
per mille Per mille (from Latin , "in each thousand") is an expression that means parts per thousand. Other recognised spellings include per mil, per mill, permil, permill, or permille. The associated sign is written , which looks like a percent sig ...
(''promille'') measurement, which is equal to ten times the percentage value, is used in Denmark, Germany, Finland, Norway, and Sweden. Depending on the jurisdiction, BAC may be measured by police using three methods: blood, breath, or urine. For law enforcement purposes, breath is the preferred method, since results are available almost instantaneously. The validity of the testing equipment/methods and mathematical relationships for the measurement of breath and blood alcohol have been criticized. Improper testing and equipment calibration is often used in defense of a DUI or DWI. There have been cases in Canada where officers have come upon a suspect who is unconscious after an accident and officers have taken a blood sample. Driving while consuming alcohol may be illegal within a jurisdiction. In some, it is illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment. There have been cases of drivers being convicted of a DUI when they were not observed driving after being proven in court they had been driving while under the influence. In the case of an accident,
car insurance Vehicle insurance (also known as car insurance, motor insurance, or auto insurance) is insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injury r ...
may be automatically declared invalid for the intoxicated driver; the drunk driver would be fully responsible for damages. In the American system, a citation for driving under the influence also causes a major increase in car insurance premiums. The German model serves to reduce the number of accidents by identifying unfit drivers and revoking their licenses until their fitness to drive has been established again. The Medical Psychological Assessment (MPA) works for a prognosis of the fitness for drive in future, has an interdisciplinary basic approach, and offers the chance of individual rehabilitation to the offender. George Smith, a
London Taxi A hackney or hackney carriage (also called a cab, black cab, hack or London taxi) is a carriage or car for hire. A hackney of a more expensive or high class was called a remise. A symbol of London and Britain, the black taxi is a common s ...
cab driver "Cab Driver" is a song written by Carson Parks and performed by The Mills Brothers featuring Sy Oliver, Sy Oliver and His Orchestra. It reached #3 on the Adult Contemporary (chart), Easy Listening chart, #21 on the ''Cashbox (magazine), Cashbo ...
, ended up being the first person to be convicted of driving a motor vehicle while intoxicated, on September 10, 1897, under the "drunk in charge" provision of the 1872 Licensing Act. He was fined 25
shillings The shilling is a historical coin, and the name of a unit of modern currencies formerly used in the United Kingdom, Australia, New Zealand, other British Commonwealth countries and Ireland, where they were generally equivalent to 12 pence or ...
, which is .


Risks

Driving under the influence is one of the largest risk factors that contribute to traffic collisions. For people in Europe between the age of 15 and 29, driving under the influence is one of the main causes of mortality. According to the National Highway Traffic Safety Administration, alcohol-related crashes cause approximately $37 billion in damages annually. DUI and alcohol-related crashes produce an estimated $45 billion in damages every year. The combined costs of  towing/storage fees, attorney fees, bail fees, fines, court fees, ignition interlock devices, traffic school fees and DMV fees mean that a first-time DUI charge could cost thousands to tens of thousands of dollars. Studies show that a high BAC increases the risk of collisions whereas it is not clear if a BAC of 0.01–0.05% slightly increases or decreases the risk.Grand Rapids Effects Revisited: Accidents, Alcohol and Risk
, H.-P. Krüger, J. Kazenwadel and M. Vollrath, Center for Traffic Sciences, University of Wuerzburg, Röntgenring 11, D-97070 Würzburg, Germany
Traffic collisions are predominantly caused by driving under the influence for people in Europe between the age of 15 and 29, it is one of the main causes of mortality. According to the National Highway Traffic Safety Administration, alcohol-related collisions cause approximately $37 billion in damages annually. Every 51 minutes someone dies from an alcohol-related collision. When it comes to risk-taking there is a larger male to female ratio as personality traits, antisociality, and risk-taking are taken into consideration as they all are involved in DUI's. Over 7.7 million underage people ages 12–20 claim to drink alcohol, and on average, for every 100,000 underage Americans, 1.2 died in drunk-driving traffic accidents. In the U.S., Southern and Northern Central states have the highest prevalence of fatalities due to DUI collisions. A 2019 study that weighed arrest and census figures with National Highway Traffic Safety Administration stats on fatal crashes found that seven of the 12 states with the highest DUI death rates are Southern, led by the Carolinas, Mississippi, Alabama, Texas, Louisiana, and Arkansas. But the most DUI fatalities per capita are found in the North-Central region, where Wyoming, Montana, and the Dakotas top the overall ranking as the states with the most acute DUI crises.


Grand Rapids Dip

Some studies suggest that a BAC of 0.01–0.04% would have a lower risk of collisions compared to a BAC of 0%, referred to as the ''Grand Rapids Effect'' or ''Grand Rapids Dip'', based on a seminal research study by Borkenstein, et al.Robert F. Borkenstein papers, 1928–2002
Indiana U
The role of the drinking driver in traffic accidents
(Researchgate link)
(
Robert Frank Borkenstein Robert Frank Borkenstein (August 31, 1912 – August 10, 2002) was an American inventor, researcher, and professor, and is known as the inventor of the Breathalyzer. Early Years Robert F. Borkenstein was born in Fort Wayne, Indiana on August 31, ...
is well known for inventing the Drunkometer in 1938, and the Breathalyzer in 1954.) One study suggests that a BAC of 0.04–0.05% would slightly increase the risk. Some literature has attributed the ''Grand Rapids Effect'' to erroneous data or asserted (without support) that it was possibly due to drivers exerting extra caution at low BAC levels or to "experience" in drinking. Other explanations are that this effect is at least in part the blocking effect of ethanol
excitotoxicity In excitotoxicity, nerve cells suffer damage or death when the levels of otherwise necessary and safe neurotransmitters such as glutamate become pathologically high, resulting in excessive stimulation of receptors. For example, when glutamate re ...
and the effect of alcohol in
essential tremor Essential tremor (ET), also called benign tremor, familial tremor, and idiopathic tremor, is a medical condition characterized by involuntary rhythmic contractions and relaxations ( oscillations or twitching movements) of certain muscle groups in ...
and other movement disorders, but this remains speculative. Both the influential study by Borkenstein, et al. and the empirical German data on the 1990s demonstrated that the risk of collisions is lower or the same for drivers with a BAC of 0.04% or less than for drivers with a BAC of 0%. For a BAC of 0.15%, the risk is 25-fold. The 0.05% BAC limit in Germany (since 1998, 0.08% since 1973) and the limits in many other countries were set based on the study by Borkenstein, et al.
Würzburg University Würzburg (; Main-Franconian: ) is a city in the region of Franconia in the north of the German state of Bavaria. Würzburg is the administrative seat of the ''Regierungsbezirk'' Lower Franconia. It spans the banks of the Main River. Würzburg is ...
researchers showed that all extra collisions caused by alcohol were due to at least 0.06% BAC, 96% of them due to BAC above 0.08%, and 79% due to BAC above 0.12%. In their study based on the 1990s German data, the effect of alcohol was higher for almost all BAC levels than in Borkenstein, et al.


Other drugs

For drivers suspected of drug-impaired driving, drug testing screens are typically performed in scientific laboratories so that the results will be admissible in evidence at trial. Due to the overwhelming number of impairing substances that are not alcohol, drugs are classified into different categories for detection purposes. Drug impaired drivers still show impairment during the battery of standardized field sobriety tests, but there are additional tests to help detect drug impaired driving. The Drug Evaluation and Classification program is designed to detect a drug impaired driver and classify the categories of drugs present in his or her system. Initially developed by the Los Angeles, California, Police Department in the 1970s, the DEC program breaks down detection into a twelve-step process that a government-certified Drug Recognition Expert (DRE) can use to determine the category or categories of drugs that a suspect is impaired by. The twelve steps are: #Breath Alcohol Test #Interview with arresting officer (who notes slurred speech, alcohol on breath, etc.) #Preliminary evaluation #Evaluation of the eyes #Psychomotor tests #Vital signs #Dark room examinations #Muscle tone #Injection sites (for injection of
heroin Heroin, also known as diacetylmorphine and diamorphine among other names, is a potent opioid mainly used as a recreational drug for its euphoric effects. Medical grade diamorphine is used as a pure hydrochloride salt. Various white and brow ...
or other drugs) #Interrogation of suspect #Opinion of the evaluator #Toxicological examination DREs are qualified to offer expert testimony in court that pertains to impaired driving on drugs. The DEC program is recognized by all fifty states in the U.S., Canada, and the United Kingdom and DRE training in the use of the twelve-step S1process is scientifically validated by both laboratory and field studies.


Recreational drugs

Drivers who have smoked or otherwise consumed
cannabis ''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: ''Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternatively ...
products such as
marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...
or
hashish Hashish ( ar, حشيش, ()), also known as hash, "dry herb, hay" is a drug made by compressing and processing parts of the cannabis plant, typically focusing on flowering buds (female flowers) containing the most trichomes. European Monitorin ...
can be charged and convicted of impaired driving in some jurisdictions. A 2011 study in the ''B.C. Medical Journal'' stated that there "...is clear evidence that cannabis, like alcohol, impairs the psychomotor skills required for safe driving." The study stated that while " nnabis-impaired drivers tend to drive more slowly and cautiously than drunk drivers,... evidence shows they are also more likely to cause accidents than drug and alcohol-free drivers". In Canada, police forces such as the
Royal Canadian Mounted Police The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of ...
have "...specially trained drug recognition and evaluation REofficers... hocan detect whether or not a driver is drug impaired, by putting suspects through physical examinations and co-ordination tests. In 2014, in the Canadian province of Ontario, Bill 31, the Transportation Statute Law Amendment Act, was introduced to the provincial legislature. Bill 31 contains driver's license "...suspensions for those caught driving under the influence of drugs, or a combination of drugs and alcohol. Ontario police officers "...use Standard Field Sobriety Tests (SFSTs) and drug recognition evaluations to determine whether the officer believes the driver is under the influence of drugs." In the province of Manitoba, an "...officer can issue a physical coordination test. In B.C., the officer can further order a drug recognition evaluation by an expert, which can be used as evidence of drug use to pursue further charges." In the US state of Colorado, the state government indicates that " y amount of marijuana consumption puts you at risk of driving impaired." Colorado law states that "drivers with five nanograms of active
tetrahydrocannabinol Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''THC'' ...
(THC) in their whole blood can be prosecuted for driving under the influence (DUI). However, no matter the level of THC, law enforcement officers base arrests on observed impairment." In Colorado, if consumption of marijuana is impairing your ability to drive, "it is illegal for you to be driving, even if that substance is prescribed y a doctoror legally acquired."


Prescription medications

Prescription medications such as opioids and benzodiazepines often cause side effects such as excessive drowsiness, and, in the case of opioids, nausea. Other prescription drugs including antiepileptics and antidepressants are now also believed to have the same effect. In the last ten years, there has been an increase in motor vehicle accidents, and it is believed that the use of impairing prescription drugs has been a major factor. Workers are expected to notify their employer when prescribed such drugs to minimize the risk of motor vehicle accidents while at work. If a worker who drives has a health condition which can be treated with
opioids Opioids are substances that act on opioid receptors to produce morphine-like effects. Medically they are primarily used for pain relief, including anesthesia. Other medical uses include suppression of diarrhea, replacement therapy for opioid use ...
, then that person's doctor should be told that driving is a part of the worker's duties and the employer should be told that the worker could be treated with opioids., which cites * Workers should not use impairing substances while driving or operating
heavy machinery Heavy equipment or heavy machinery refers to heavy-duty vehicles specially designed to execute construction tasks, most frequently involving earthwork operations or other large construction tasks. ''Heavy equipment'' usually comprises five e ...
like
forklift A forklift (also called lift truck, jitney, hi-lo, fork truck, fork hoist, and forklift truck) is a powered industrial truck used to lift and move materials over short distances. The forklift was developed in the early 20th century by various c ...
s or cranes. If the worker is to drive, then the health care provider should not give them opioids. If the worker is to take opioids, then their employer should assign them work which is appropriate for their impaired state and not encourage them to use safety sensitive equipment.


Field sobriety testing

To attempt to determine whether a suspect is impaired, police officers in the United States usually will administer field sobriety tests to determine whether the officer has
probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition o ...
to arrest an individual for suspicion of driving under the influence (DUI). A police officer in the United States must have
Probable Cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition o ...
to make an arrest for driving under the influence. In establishing probable cause for a DUI arrest, officers frequently consider the suspect's performance of Standardized Field Sobriety Tests. The
National Highway Traffic Safety Administration The National Highway Traffic Safety Administration (NHTSA ) is an agency of the U.S. federal government, part of the Department of Transportation. It describes its mission as "Save lives, prevent injuries, reduce vehicle-related crashes" rela ...
(NHTSA) developed a system for validating field sobriety tests that led to the creation of the Standardized Field Sobriety Test (SFST) battery of tests. The NHTSA established a standard battery of three roadside tests that are recommended to be administered in a standardized manner in making this arrest decision. There are Non-Standardized Field Sobriety Tests as well; however, the Non-Standardized Field Sobriety Tests have not received NHTSA Validation. This is the difference between the "Standardized" and the "Non-Standardized" Field Sobriety Tests. The NHTSA has published numerous training manuals associated with SFSTs. As a result of the NHTSA studies, the Walk-and-Turn test was determined to be 68% accurate in predicting whether a test subject is at or above 0.08%, and the One-Leg Stand Test was determined to be 65% accurate in predicting whether a test subject is at or above 0.08% when the tests are properly administered to people within the study parameters. The three validated tests by NHTSA are: * The Horizontal Gaze Nystagmus Test, which involves following an object with the eyes (such as a pen or other stimulus) to determine characteristic eye movement reaction to the stimulus * The Walk-and-Turn Test (heel-to-toe in a straight line). This test is designed to measure a person's ability to follow directions and remember a series of steps while dividing attention between physical and mental tasks. * The One-Leg-Stand Test Alternative tests, which have not been validated by the NHTSA, include the following: * The Romberg Test, or the Modified-Position-of-Attention Test, (feet together, head back, eyes closed for thirty seconds). * The Finger-to-Nose Test (tip head back, eyes closed, touch the tip of nose with tip of index finger). * The Alphabet Test (recite all or part of the alphabet). * The Finger Count Test (touch each finger of hand to thumb counting with each touch (1, 2, 3, 4, 4, 3, 2, 1)). * The Counting Test (counting backwards from a number ending in a digit other than 5 or 0 and stopping at a number ending in a digit other than 5 or 0. The series of numbers should be more than 15). * The Preliminary Alcohol Screening Test, PAS Test or PBT, (breathe into a "portable or preliminary breath tester", PAS Test or PBT). In the US, field sobriety tests are voluntary; however, some states mandate commercial drivers accept preliminary breath tests (PBT).


Preliminary Breath Test (PBT) or Preliminary Alcohol Screening test (PAS)

The Preliminary Breath Test (PBT) or Preliminary Alcohol Screening test (PAS) is sometimes categorized as part of ''field sobriety testing'', although it is not part of the series of performance tests. The PBT (or PAS) uses a portable breath tester. While the tester provides numerical blood alcohol content (BAC) readings, its primary use is for screening and establishing probable cause for arrest, to invoke the
implied consent Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). For examp ...
requirements. In US law, this is necessary to sustain a conviction based on evidential testing (or implied consent refusal).DUI: Refusal to Take a Field Test, or Blood, Breath or Urine Test
NOLO Press
Regardless of the terminology, in order to sustain a conviction based on evidential tests, ''probable cause'' must be shown (or the suspect must volunteer to take the evidential test without
implied consent Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). For examp ...
requirements being invoked). Refusal to take a preliminary breath test (PBT) in Michigan subjects a non-commercial driver to a "civil infraction" penalty, with no violation "points", but is not considered to be a refusal under the general "implied consent" law. In some states, the state may present evidence of refusal to take a field sobriety test in court, although this is of questionable probative value in a drunk driving prosecution. Different requirements apply in many states to drivers under DUI probation, in which case participation in a preliminary breath test (PBT) may be a condition of probation. Some US states, notably California, have statutes on the books penalizing PBT refusal for drivers under 21; however, the
Constitutionality Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of those statutes has not been tested. (As a practical matter, most criminal lawyers advise not engaging in discussion or "justifying" a refusal with the police.) Commercial drivers are subject to PBT testing in some US states as a "drug screening" requirement.


Testing for cannabis

U.S. states prohibit the operation of a motor vehicle while under the influence of drugs, including marijuana. For example, in Illinois it is illegal to operate a motor vehicle with a THC level of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substances. Under that law, an individual can be arrested for driving under influence of cannabis at any THC level, including under the per se legal limits if an Officer believes the individual is impaired by cannabis. It can be important to perform testing soon after a traffic stop, as THC plasma levels decline significantly after the passage of one or two hours. A number of companies are developing roadside THC breathalyzers that may be used by the police to help identify drivers impaired by the use of marijuana. Some nations use saliva swabs to test for THC levels at roadside, but questions remain about the reliability of saliva testing.


Other charges


Child endangerment

In the US state of Colorado, impaired drivers may be charged with child
endangerment Endangerment is a type of crime involving conduct that is wrongful and reckless or wanton, and likely to produce death or grievous bodily harm to another person. There are several kinds of endangerment, each of which is a criminal act that can ...
if they are arrested for DUI with minor children in the vehicle.


Wet reckless

"Wet reckless" is the informal term for a
reckless driving In United States law, reckless driving is a major moving traffic violation that generally consists in driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious offense than careless ...
charge that involves alcohol use by the driver. In California, a driver may not be charged or arrested for "wet reckless" driving, and the sole function of the charge is as a possible disposition following a plea bargain for a driver charged with DUI.


Laws by country

The laws relating to drunk driving vary between countries or subnational regions (e.g., states or provinces), and varying
blood alcohol content Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes; it is expressed as mass of alcohol per volume or mass of blood. For exampl ...
is required before a charge or conviction can be made. The specific criminal offense may be called, depending on the jurisdiction, "driving under the influence"
f alcohol or other drugs F, or f, is the sixth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ef'' (pronounced ), and the plural is ''efs''. His ...
(DUI), "driving under the influence of intoxicants" (DUII), "driving while impaired" (DWI), "operating vehicle under the influence of alcohol or other drugs" (OVI), "operating under the influence" (OUI), "operating while intoxicated" (OWI), "operating a motor vehicle while intoxicated" (OMVI), "driving under the combined influence of alcohol or other drugs", "driving under the influence per se" or "drunk in charge"
f a vehicle F, or f, is the sixth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ef'' (pronounced ), and the plural is ''efs''. Hist ...
Many such laws apply also to motorcycling,
boating Boating is the leisurely activity of travelling by boat, or the recreational use of a boat whether Motorboat, powerboats, Sailing, sailboats, or man-powered vessels (such as rowing and paddle boats), focused on the travel itself, as well as sp ...
, piloting aircraft, use of mobile farm equipment such as tractors and combines, riding horses or driving a
horse-drawn vehicle A horse-drawn vehicle is a mechanized piece of equipment pulled by one horse or by a team of horses. These vehicles typically had two or four wheels and were used to carry passengers and/or a load. They were once common worldwide, but they have m ...
, or bicycling, possibly with different
BAC BAC or Bac may refer to: Places * Bac, Rožaje, Bac, a village in Montenegro * Baile Átha Cliath, Irish language name for Dublin city. * Bîc River, aka ''Bâc River'', a Moldovan river * Baç Bridge, bridge in Turkey * Barnes County Municipal A ...
level than driving. In some jurisdictions, there are separate charges depending on the vehicle used. In Washinton state, for instance, BUI (bicycling under the influence) laws recognize that intoxicated cyclists are likely to primarily endanger themselves. Accordingly, law enforcement officers are empowered only to protect the cyclist by impounding the bicycle rather than filing DUI charges. Some jurisdictions have multiple levels of BAC for different categories of drivers; for example, the state of
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
has a general 0.08% BAC limit, a lower limit of 0.04% for commercial operators, and a limit of 0.01% for drivers who are under 21 or on probation for previous DUI offenses. In some jurisdictions, impaired drivers who injure or kill another person while driving may face heavier penalties. Some jurisdictions, such as Massachusetts and Texas, have judicial guidelines requiring a
mandatory minimum sentence Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
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 DUI convictions may result in multi-year jail terms and other penalties ranging from fines and other financial penalties to forfeiture of one's license plates and vehicle. In many jurisdictions, a judge may also order the installation of an
ignition interlock device An ignition interlock device or breath alcohol ignition interlock device (IID or BAIID) is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehi ...
. Some jurisdictions require that drivers convicted of DUI offenses use special
license plates A vehicle registration plate, also known as a number plate (British English), license plate (American English), or licence plate (Canadian English), is a metal or plastic plate attached to a motor vehicle or trailer for official identificat ...
that are easily distinguishable from regular plates. These plates are known in popular parlance as "party plates" or "whiskey plates". In many countries,
sobriety checkpoint A random checkpoint is a military and police tactic. In a military context, checkpoints involve the setup of a hasty roadblock by mobile truck- or armored vehicle-mounted infantry to disrupt unauthorized or unwanted movement or military activit ...
s (roadblocks of police cars where drivers are checked), driver's licence suspensions, fines, and prison sentences for DUI offenders are used as part of an effort to deter impaired driving. In addition, many countries have prevention campaigns that use
advertising Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...
to make people aware of the danger of driving while impaired and the potential fines and criminal charges, discourage impaired driving, and encourage drivers to take taxis or public transport home after using alcohol or other drugs. In some jurisdictions, a bar or restaurant that serves an impaired driver may face civil liability for injuries caused by that driver. In some countries, non-profit advocacy organizations, a well-known example being
Mothers Against Drunk Driving Mothers Against Drunk Driving (MADD) is a non-profit organization in the United States, Canada and Brazil that seeks to stop drunk driving, support those affected by drunk driving, prevent underage drinking, and strive for stricter impaired drivi ...
(MADD) run their own publicity campaigns against drunk driving.


Argentina

In Argentina, it is a criminal offence to drive if one's level of alcohol is 0.03% or greater at local/municipal jurisdiction, stopped by a municipal police force and 0.04% if driving on a route or highway and stopped by a State Highway Patrol, Argentina Federal Police, or Argentina Gendarmerie. At the Cordoba State highways and routes, a zero-tolerance policy is enforced by Cordoba State Highway Patrol and it is an offence to drive with an alcohol level greater than 0.00%.


Australia

In Australia it is a criminal offence to drive under the influence of alcohol if one's level of alcohol is 0.05% or greater (full licence) or if one's level of alcohol is greater than 0.00% (learner/provisional). Australian police utilise random breath testing stations, and any police vehicle can pull over any vehicle at any time to conduct a random breath or drug test. People found to have excessive alcohol or any banned substances are taken to either a police station or a random breath testing station for further analysis. Those over 0.08% will receive an automatic disqualification of their licence and must appear in court.


Canada

In Canada, refusal to blow into a blood alcohol testing device provided by a police officer carries the same penalties as being found guilty of drunk driving. The Canadian criminal code was amended on December 18, 2018 to carry more severe immigration-related consequences for both permanent residents and foreign nationals convicted of an impaired driving offence. This has made impaired driving to be considered a serious criminal offence, making an increased maximum sentence from five to ten years. Commentary varies on taking Standardised Field Sobriety Tests (SFSTs) in Canada. Some sources, especially official ones, indicate that the SFSTs are mandatory,What are my rights if the police think I've been taking drugs and driving?
Steps to Justice (advises that FST is mandatory)

– RCMP
whereas other sources are silent on FST testing.What must I legally do when police pull me over?
''Globe and Mail'', 4-Aug-2015
The assertion regarding mandatory compliance with SFSTs is based on "failure to comply with a demand", as an offence under § 254(5) of the Criminal Code, but it is unclear how refusal of SFSTs are treated (provided the suspect agrees to take a chemical test). There are some reports that refusal to submit to an SFST can result in the same penalties as impaired driving. Nevertheless, it is unclear whether there has ever been a prosecution under this interpretation of "failure to comply with a demand" as applied to SFSTs. Canada Criminal Code § 254(1) and (5) addresses this, but only with respect to chemical testing (breath, blood, etc.) 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 50 mg/dL, rather than the
Criminal Code of Canada The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An ...
prohibition of 80 mg/dL.


Slovenia

The driver's license of those who reject the sobriety test may be revoked permanently, and their revocation stays in records indefinitely. At the European Court of Human Rights, there is currently a case pending which aims at the ruling that such sanction is excessive.


South Korea

In Republic of Korea, it is a crime to drive if one's level of alcohol is .03% or greater. Police often operate sobriety checkpoints without advance notice, and it is a criminal offense to refuse a sobriety test. Driving under the influence of alcohol results in suspension or disqualification of driver's license.


United Kingdom

In
United Kingdom law The United Kingdom has four legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English and Welsh law, Scots law, Northern Ireland law, and, since 2007, purely Welsh law (as a result of ...
it is a criminal offence to be drunk in charge of a motor vehicle. The determination of being "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 (e.g. the keys to the vehicle). In the UK, drunk driving requires an objective measurement of fitness (or otherwise) to drive, however 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 Alveolus (; pl. alveoli, adj. alveolar) is a general anatomical term for a concave cavity or pit. Uses in anatomy and zoology * Pulmonary alveolus, an air sac in the lungs ** Alveolar cell or pneumocyte ** Alveolar duct ** Alveolar macrophage * ...
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 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: # the
police officer A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...
has reasonable cause to
suspect In law enforcement jargon, a suspect is a known person accused or suspected of committing a crime. Police and reporters in the United States often use the word suspect as a jargon when referring to the perpetrator of the offense (perp in dated U ...
that the driver has committed, or is committing, a moving traffic offence, or # 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
police officer A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of 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
accident An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researcher ...
. 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. 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.


United States

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. For example, the state of California has two basic drunk driving laws with nearly identical criminal penalties: * V.C. Sec. 23152(a) – it is a misdemeanor to drive under the influence of alcohol or other drugs. * V.C. Sec. 23152(b) – it is a misdemeanor to drive with .08% or more of alcohol in one's blood. Under the first law, a driver may be convicted of impaired driving based upon their inability to safely operate a motor vehicle, no matter what their blood alcohol level. Under the second law, it is ''per se'' unlawful to drive with a blood alcohol level of .08 or greater. For commercial drivers, a BAC of 0.04 can result in a DUI or DWI charge. In most states, individuals under 21 years of age are subject to a zero-tolerance limit and even a small amount of alcohol can lead to a DUI arrest. 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. 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 Truth in sentencing (TIS) is a collection of different but related public policy stances on sentencing of those convicted of crimes in the justice system. In most contexts, it refers to policies and legislation that aim to abolish or curb parole s ...
laws that enforce strict guidelines on sentencing, differing from previous practice where prison time was reduced or suspended after sentencing had been issued. Some states allow for conviction for impaired driving based upon a measurement of
THC Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''THC' ...
, through blood test or urine testing. For example, in
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
and
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
, driving with a blood level of THC in excess of 5 nanograms can result in a DUI conviction. In Nevada, the legal THC limit is 2 nanograms. It is also possible for a driver to be convicted of impaired driving based upon the officer's observations of impairment, even if the driver is under the legal limit. In states that have not yet established a THC blood level that triggers a presumption of impaired driving, a driver may similarly be convicted of impaired driving based upon the officer's observations and performance on other sobriety tests.


Prevalence

In the United States, local law enforcement agencies made 1,467,300 arrests nationwide for driving under the influence of alcohol in 1996, compared to 1.9 million such arrests during the peak year in 1983. In 1997 an estimated 513,200 DWI offenders were in
prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
or
jail A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
, down from 593,000 in 1990 and up from 270,100 in 1986. In the United States, DUI and alcohol-related collisions produce an estimated $45 billion in damages every year. In some US and German studies BAC level 0.01–0.03% predicted a lower collision risk than BAC 0%,Grand Rapids Effects Revisited: Accidents, Alcohol and Risk
, H.-P. Krüger, J. Kazenwadel and M. Vollrath, Center for Traffic Sciences, University of Wuerzburg, Röntgenring 11, D-97070 Würzburg, Germany.
Crash Risk of Alcohol Involved Driving: A Case-Control Study
, Blomberg, Richard D; Peck, Raymond C; Moskowitz, Herbert; Burns, Marcelline; Fiorentino, Dary
Abstract
Dunlap and Associates, Department of Transportation, National Highway Traffic Safety Administration, 2005. Mainly pages xviii and 108.
possibly due to extra caution, whereas BACs 0.08% or higher seem to be responsible for almost all extra accidents caused by alcohol. For a BAC of 0.15% the risk is 25-fold.


Implied consent

All U.S. states recognize "
implied consent Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). For examp ...
", pursuant to which drivers are deemed to have consented to being tested for intoxication as a condition of their operating motor vehicles on public roadways. Implied consent laws may result in punishment for those who refuse to cooperate with blood alcohol testing after an arrest for suspected impaired driving, including civil consequences such as a driver's license suspension. The State of Kansas found unconstitutional a state law that made it an additional crime to refuse such a test when no court-ordered warrant for testing exists. Under the implied consent law of the State of Michigan, a person who is arrested for drunk driving is required to take a chemical test to determine their blood alcohol content, and refusal will result in six points being added to their driver's license and their driving privileges will be suspended for one year.


Federal regulation

The
United States Department of Transportation The United States Department of Transportation (USDOT or DOT) is one of the executive departments of the U.S. federal government. It is headed by the secretary of transportation, who reports directly to the President of the United States and ...
(USDOT) regulates many occupations and industries, and has a zero tolerance policy pertaining to the use of cannabis for any regulated employee whether he or she is on-duty or off-duty. Regardless of any State's DUI Statutes and DMV Administrative Penalties, a Commercial Driver's License "CDL" holder will have his or her CDL suspended for 1-year for a DUI arrest and will have his or her CDL revoked for life if they are subsequently arrested for driving impaired. The
United States Federal Railroad Administration The Federal Railroad Administration (FRA) is an agency in the United States Department of Transportation (DOT). The agency was created by the Department of Transportation Act of 1966. The purpose of the FRA is to promulgate and enforce rail saf ...
and
Federal Aviation Administration The Federal Aviation Administration (FAA) is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the country as well as over surrounding international waters. Its powers include air traffic m ...
, both of which are part of the USDOT, respectively impose a 0.04% BAC limit for train crew and aircrew.


Private employers

Some U.S. employers impose their own rules for drug and alcohol use by employees who operate motor vehicles. For example, the
Union Pacific Railroad The Union Pacific Railroad , legally Union Pacific Railroad Company and often called simply Union Pacific, is a freight-hauling railroad that operates 8,300 locomotives over routes in 23 U.S. states west of Chicago and New Orleans. Union Paci ...
imposes a BAC limit of 0.02%, that if, after an on-duty traffic accident, the determination that an employee violated that rule may result in termination of employment with no chance of future rehire.


See also

*
Alcoholism Alcoholism is, broadly, any drinking of alcohol (drug), alcohol that results in significant Mental health, mental or physical health problems. Because there is disagreement on the definition of the word ''alcoholism'', it is not a recognize ...
*
Breathalyzer A breathalyzer or breathalyser (a portmanteau of ''breath'' and ''analyzer/analyser'') is a device for estimating blood alcohol content (BAC), or to detect viruses or diseases from a breath sample. The name is a genericized trademark of the Br ...
*
Designated driver The terms "designated driver" and "designated driving" (commonly known as DD) refer to the selection of a person who remains sober as the responsible driver of a vehicle whilst others have been allowed to drink alcoholic beverages. Thus as a prac ...
* DR10, UK police code * Driving laws * Drug–impaired driving *
Drunk drivers Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. In the United States, alcohol is i ...
*
Drunk walking Drunk walking describes people intoxicated by alcohol walking in public spaces. Whereas there are long standing social stigmas and laws against drunk driving, only more recently have the personal and social dangers of drunk walking become apparent ...
*
DUI laws in California Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with ...
*
DWI court DWI courts (sometimes called DUI courts) are a form of court that exists in some United States legal jurisdictions, that use substance-abuse interventions and treatment with defendants who plead guilty of driving while intoxicated or impaired. DUI ...
* Fetal alcohol spectrum disorder *
Mothers Against Drunk Driving Mothers Against Drunk Driving (MADD) is a non-profit organization in the United States, Canada and Brazil that seeks to stop drunk driving, support those affected by drunk driving, prevent underage drinking, and strive for stricter impaired drivi ...
(MADD) *
National Motorists Association The National Motorists Association (NMA) is a controversial 501(c)(3) nonprofit advocacy organization (EIN 39-1951971) for motorists in North America, created in 1982. The Association advocates for traffic safety based on proven engineering standa ...
*
Responsible drug use Responsible drug use maximizes the benefits and reduces the risk of negative impact psychoactive drugs cause on the lives of the user. For illegal psychoactive drugs that are not diverted prescription controlled substances, some critics believe tha ...
* Driver's license: point system *
Zero tolerance A zero tolerance policy is one which imposes a punishment for every infraction of a stated rule.zero tolerance, n.' (under ''zero, n.''). The Oxford English Dictionary, 2nd Ed. 1989. Retrieved 10 November 2009. Italy, Japan, Singapore China, Indi ...


References


Further reading

*
Barron H. Lerner Barron H. Lerner (born 27 September 1960) is an American member of the faculty at the New York University Langone School of Medicine. He received his M.D. from Columbia in 1986 and his Ph.D. in history from the University of Washington in 1996. ...
(2011). ''One for the Road: Drunk Driving Since 1900''. Baltimore, MD:
Johns Hopkins University Press The Johns Hopkins University Press (also referred to as JHU Press or JHUP) is the publishing division of Johns Hopkins University. It was founded in 1878 and is the oldest continuously running university press in the United States. The press publi ...
.


External links


Impaired driving
on
MedlinePlus MedlinePlus is an online information service produced by the United States National Library of Medicine. The service provides curated consumer health information in English and Spanish with select content in additional languages. The site brings t ...
{{DEFAULTSORT:Driving Under The Influence Alcohol law Alcohol abuse Crimes Traffic law Social responsibility