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The specific criminal offence may be called, depending on the jurisdiction, driving while intoxicated ('''DWI'''), '''operating while intoxicated''' ('''OWI'''), '''operating a motor vehicle while intoxicated''' ('''OMVI'''), '''driving under the influence''' alcohol or other drugs ('''DUI'''), '''driving under the combined influence of alcohol and/or other drugs''' or '''drunk in charge''' a vehicle . Such laws may also apply to Boating , or piloting aircraft. Presumptive 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 %). Drinking and driving is the act of driving a vehicle after consuming an alcoholic beverage or while consuming one. It is often confused with drunk driving and the other terms identified above. Driving after consuming alcohol is generally not illegal unless the driver’s ability to drive safely is impaired as defined by law. Driving while consuming alcohol is often defined as illegal, irrespective of whether or not the driver is impaired. In some jurisdictions it is also illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment. UNITED STATES See Also: 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). DUID is driving under the influence of drugs. A third possible charge is driving under the combined influence of alcohol and drugs; this requires no particular blood-alcohol level, but only impairment as the result of the combined effects of alcohol and drugs (which may be legal or illegal). The limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05% depending upon the jurisdiction. VC 23577: Penalty enhancement for refusal to submit to, or willful failure to complete, a chemical test. Penalty: 1st Offense (23152 or 23153) - same as penalties for 23152 or 23153; 2nd Offense (23152 or 23153) - additional 96 hours county jail; 3rd Offense (23152) - additional 10 days county jail; 4th Offense (23152) - additional 18 days county jail. A current defense against Drunk Driving is already under way in the state of Ohio , and is being looked at in California for DUI offenders to purchase a " Scarlet Letter " that is placed over the offender's license plates. This identifies them as a DUI offender, and must be purchased for all their household car's plates, along with the regular DUI and court charges. 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 committing an offence under section 253 of the Criminal Code, the police can demand that the driver go to the police station to give samples of his breath for an Approved Instrument test, which would be used to prosecute the driver. The punishments for impaired driving or driving over 80 are:
On Dec 15, 2005, Charly Hart of Watford, Ontario , a man with a 35-year history of impaired driving which included thirty-nine convictions, was on the occasion of his latest such conviction sentenced to six years in prison, the most severe penalty ever handed down in Canada when the offence did not involve a fatality, and the maximum sentence permitted under the law. {Link without Title} AUSTRALIA Road laws are state based
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. In addition, in Victoria, any driver can be required to perform a random saliva test for a prescribed illicit drug (i.e. methylampetamine and cannabis). Also, in Victoria, if a doctor sees any patient who is 15 years old or older as a result of a 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 , regardless of whether the patient claims to be the driver, a passenger or any other circumstances. The results can be used as evidence in subsequent court proceedings. EUROPE
Note: "Zero" usually means "below detection limit". AMERICAS
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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:
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