drinking and driving in europe - automobile club d'italia

DRINKING AND DRIVING IN EUROPE

An International Comparison

May 2010

The Filippo Caracciolo Foundation thanks Mr. Donatello Ghezzo for his praiseworthy effortsin finalising the survey, as well as Ms. Marcella Guccione for her valuable contribution. Specialthanks is also extended to the Direzione Studi e Ricerche ACI, for drafting the final supplemen-tary worksheets.

INTRODUCTION

Drinking and Driving in Europe

3

and finalised an ad hoc questionnaire,which was sent to 27 automobile Clubsand 26 local police Commissionersthroughout Europe. The car fleet was taken as reference forthe purpose of comparing the variousdata. This parameter was considered themost appropriate and fit to represent theheterogeneousness of such diverse Euro-pean contexts. The possibility ofassessing the issue of drinking and dri-ving with the aid of the data on roadaccidents was hindered by the objectivedifficulty in finding up-to-date data. Atthe same time, utilising the population aspoint of reference posed the risk ofunderestimating the large differencesthat exist between the various Europeancountries in terms of the number of exi-sting vehicles, especially in acomparison between Eastern andWestern Europe. On the other hand, thecar fleet seemed most fit to measurealcohol-related road accidents, givingthe right weight to all the variables(especially to differences in the numberof vehicles on the road) that exist in thecountries under examination. The questionnaire was structured intothree parts.The FIRST PART aims to provide a briefcomparison of a number of statisticalindicators capable of outlining the drin-king and driving phenomenon in the

In order to further enhance the interna-tional image of the ‘Forum delle PolizieLocali’ held in Riva del Garda, in occa-sion of its third edition, the FilippoCaracciolo Foundation, Centro Studi ofthe automobile Club d’Italia, conductedan in-depth survey on the drinking anddriving phenomenon in Europe. The ini-tial results of the study were compiledand presented in this paper. Through this work, the Foundation setitself the ambitious aim of assessing theway European citizens and police offi-cers actually perceive the unresolvedissue of drinking and driving. The rese-arch work involved in this survey didnot, therefore, limit itself strictly to sta-tistical or regulatory data, but tried tocapture the most vivid and realistic pic-ture of how civil society and policeforces relate to the phenomenon, and ofhow national laws are actually interpre-ted and enforced. Statistical data were,nonetheless, taken into account, espe-cially as they provide an overview of thevarious national contexts, which can bevery helpful in making interesting com-parisons. The survey has been made possiblethanks to the strong support of the Euro-pean automobile clubs and the localPolice Commissioners of the major capi-tals in Europe. The Filippo CaraccioloFoundation has purportedly prepared

Introduction

various European countries. This partobviously presents the data related to thenumber of alcohol-related road accidentswith respect to the total car fleet in thevarious national contexts. At a laterstage, the data pertaining to the numberof alcohol-related road accidents is ana-lysed by requesting the variousautomobile Clubs throughout Europe toprovide data related to the percentage ofalcohol-related road accidents occurringat night and at week-ends, as well asdata disaggregated by gender and by agegroup, in particular, drivers aged 28 andunder. The resulting flow of data wascompiled and plotted in seven graphs,which provide an interesting basis fordiscussion and comparison. The SECOnd PART, on the other hand, isstructured as a true questionnaire,through which we initially requested theautomobile Clubs to report on howsociety’s perception of the drinking anddriving phenomenon evolved over thepast twenty years (question no 1). Sub-sequently, the type and nature ofpenalties provided for by the variouslegal systems to react to drinking anddriving offences were analysed, reque-sting the necessary clarifications tocompare the various reactions, giventhat the greatest difficulties in such casesarise specifically due to the disparatevariety of regulatory frameworks thatsurround the punitive instruments. Inorder to avoid standardizing penaltieswhich, in practice, would reveal them-selves radically different one from theother, it is necessary to refrain fromlabeling, but, rather, carefully investigatethe practical and applicative aspects cha-racterising a given regulatory system. Inthis respect, some background informa-tion was required on the overall structure

of the various punitive systems – inclu-ding any distinctions between penaltiesand administrative sanctions – and withrespect to the administrative or judicialauthorities in charge of imposing them.With specific reference to the issue ofdrinking and driving, we then decided toinvestigate whether, as is the case inItaly, there was a correlation betweenblood alcohol content and severity ofpunishment, keeping in mind to investi-gate also on the presence, if any, ofpenalties affecting the driver’s license orinvolving the immobilisation of the dri-ver’s vehicle (questions no 2, 3, 4 and5).Moving on to the practical and applica-tive aspects of the survey, we firstinvestigated on the procedures andinstruments adopted by police officers todetect alcohol in the blood, and then wetackled various questions connectedwith the application of the related penal-ties. On this point, it was interesting toinvestigate whether the presumed infrin-ger is subject to legal proceedings and if,in cases entailing imprisonment, theinfringer would actually serve a prisonsentence.This second part of the study was thenconcluded by gathering the opinions ofinterviewed subjects on the points ofstrength and weakness of their systemfor fighting drinking and driving. Thematerial is worthy of consideration,given that, as we will see later, what wasconsidered a point of strength in thesystems of certain countries constituteda point of weakness in our system. Lastly, the ThIRd PART of the survey aimsto gain knowledge of the measuresimplemented by the European MemberStates examined to fight the drinkingand driving phenomenon, along with the

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Fig. 1 - Map of countries that responded to the survey

Source: Fondazione Caracciolo, 2010 data

penalties and administrative sanctionscontemplated for those who violate theprovisions governing the subject. Interms of prevention, in fact, a key role isplayed by the campaigns that have beenconducted in many countries, amongwhich Italy, with the aim to raise dri-vers’ awareness of the hazardsassociated with drinking and driving. Inthis respect, the automobile Clubs andthe local police officers that have contri-buted to this study were invited to reporton the latest information and awarenessraising campaigns conducted in their

countries. The information provided onthat occasion were compiled and illu-strated in the last chapter (Part 4) of thissurvey. Lastly, a number of supplementary wor-ksheets were enclosed in the last part ofthis study, providing a detailed descrip-tion of the regulations, road accidentsand campaigns in Italy, France and theUK, with the aim to provide a focus oncontexts similar to ours in terms of thenumber of existing vehicles and cultureof mobility.

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7

PART 1STATISTICAL ANALYSIS OF ALCOHOL-RELATEDROAD ACCIDENTS

have provided the entire set of datarequested. Consequently, there are sur-veys, such as that related to the numberof alcohol-related road accidents, whichshow a comparison of the data of ten dif-ferent countries, and other in-depthsurveys, where the study focused ononly six or seven countries. Lastly, a basic consideration needs to bemade: through a comparison of the dataat international level and, at the sametime, an analysis of the regulatory choi-ces and social differences characterisingthe various countries, it is possible togather significant suggestions whichmay help to improve anti-drinking anddriving policies.

Ample discussion in correspondencewith the Police Commissioners andautomobile Clubs of the various coun-tries made it possible to conduct animportant statistical survey on alcohol-related road accidents. The international nature of the data thatwas consequently gathered allowed foran interesting comparison of the pheno-menon at European level, highlightingthe particular characteristics of each sin-gle country.The survey not only presents data rela-ted to the number of alcohol-related roadaccidents, but also enables the authors ofthis paper to analyse in detail a numberof important issues related to the acci-dents in question. It was thus possible toobtain information on the percentage ofalcohol-related accidents occurring atnight rather than at week-ends, whilst,with respect to subjects driving underthe influence of alcohol, the gathereddata included those related to the percen-tage of alcohol-related accidents causedby male or female drivers, and by dri-vers aged 28 and under.not all the automobile Clubs thatresponded to the questionnaire preparedby the Filippo Caracciolo Foundation

PREMISE

From the data related to the number ofroad accidents emerges that the numberof alcohol-related accidents in Italy isfairly low. In fact, according to the offi-cial data, in 2008, 16.6 road accidentsoccurred in Italy for every 100,000 exi-sting vehicles, compared to 42.1 inGermany, 31.4 in the United Kingdomand 22.6 in Sweden. Italy was outperfor-med by Finland, with 8.0 accidents forevery 100,000 existing vehicles. Such phenomenon, however, can be par-tly attributed to the data gatheringmethod used, which can reduce orincrease such percentages. Any differen-ces may therefore reflect a critical factorin the measurements, to the extent ofmaking a common measurement modelfor all countries desirable. In this respect, an intervention by theEuropean Union may prove decisive. Inthe meantime, the number of alcohol-related road accidents depends also onthe different threshold considered rele-vant by a given regulatory system. Inother words, a driver with a blood alco-hol content equal to 0.3 g/l is consideredto be impaired in the Czech Republic,but not in Italy, where the relevant regu-latory threshold is 0.5 g/l. With referenceto the trend, whilst in the majority ofcountries concerned by this survey (6out of 10) the figure related to the num-ber of road accidents is decreasing, inItaly the number of alcohol-related roadaccidents is growing constantly. In fact,there has been an increase from 10.1road accidents for every 100,000 vehi-cles in 2000, to 11.9 accidents for every100,000 vehicles in 2005, to 16.6 in2008. The other three countries that

share Italy’s negative trend are Belgium,which after a first increase between2000 and 2005 registered a growth ofmore than 50% in 2008, Cyprus, wherethis figure is increasingly rising, andfinally, Sweden, where such figureincreased from 20.3 accidents for every100,000 existing vehicles in 2005 to22.6 registered in 2008. Also in this case, however, an increasein the number of controls may haveaffected the total number of surveyedaccidents. Among the gathered data, themost negative figures are those registe-red in the Czech Republic and, evenmore so, in Slovenia, where, althoughthe number of alcohol-related accidentsdecreased from 371.6 accidents forevery 100,000 vehicles in 2000 to 232accidents always for every 100,000vehicles in 2008, this figure remains fivetimes higher than that of Germany, andas much as 10 times higher than that ofFrance. Also in this case, finally, thefigure is affected by the relevant thre-shold selected by the Czech Republic,which chose to apply penal sanctionsalso for driving with very low levels ofblood alcohol content.

ROAD ACCIDENTS CAUSED BY DRUNK DRIVERS

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Part 1


(*) In all the graphs examined, the data related to the Czech Republic and Slovenia are updated to2009, those related to the UK to 2007.

Graph 1 – Number of alcohol-related road accidentsfor every 100,000 existing vehicles (*)


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In Italy, in 2008, 58% of alcohol-relatedroad accidents occurred between 10:00p.m. and 7 a.m.. This figure – on thedecline with respect to that registered in2000 (62%) – is among the highest inEurope. Outperformed only by France,where, in 2008 as much as 65% of alco-hol-related accidents occurred at night.Better performances were registered inSweden (50%), Belgium (48% ), CzechRepublic (39%), Slovenia (36%). andespecially in Germany, where only 22%of alcohol-related accidents occurred atnight. The figure related to the percen-tage of road accidents occurring at nightis all the more alarming if we bear in

mind that, between 10:00 p.m. and 7a.m., the percentage of existing vehiclesis significantly lower than during the restof the day; nevertheless, the majority ofalcohol-related accidents occur specifi-cally at night. The high concentration of alcohol-rela-ted road accidents during night hoursseems to justify the choice made by theItalian legislator, through L. no 94 of 15July 2009, which states that penaltiesinflicted on drunk drivers are to beincreased from one third to half whenthe offence is committed after 10:00p.m. and before 7:00 a.m. of the follo-wing morning.

PERCENTAGE OF ROAD ACCIDENTS OCCURRED AT NIGHT

Graph 2 - Percentage of alcohol-related road accidents occurredbetween 10:00 p.m. and 7:00 a.m.


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Part 1

driving after drinking is much morecommon among men. This detail, whichcertainly does not do credit to the malegender, is common throughout Europe:from Germany to Italy, from Belgium to

the Czech Republic, 9 alcohol-relatedaccidents out of 10 are caused by maledrivers, but, unfortunately, the numberof women involved in alcohol-relatedroad accidents is increasing everywhere.

PERCENTAGE OF ROAD ACCIDENTS BY GENDER

Graph 3 - Percentage of alcohol-related road accidents by gender


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Graph 4 - Evolution of percentage of alcohol-related road accidentscaused by male drivers


Graph 5 - Evolution of percentage of alcohol-related accidents caused byfemale drivers


The data registered in all the MembersStates that participated in the surveyshow that the sad record set by male dri-vers is slowly being eroded by (and tothe detriment of) female drivers. In Bel-gium and Italy, the percentage ofalcohol-related road accidents caused bywomen in 2008 reached 11.6% and10.3% over the total, respectively, com-

pared to 7.0% and 7.2% registered in2000, although the other Member Statesalso registered approximately a 2 per-cent increase, clearly reflecting a changeof the times. This figure is obviously accompanied bya constantly increasing number offemale drivers that has been registeredover the years.

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Part 1

The percentage of alcohol-related roadaccidents in Italy, in 2005, caused by dri-vers aged 28 and under was 46.2%. In2008, this percentage dropped to 32.5%,but the fact remains that drinking alco-hol is very widespread among youngpeople, who too often underestimate thedangers involved in driving under theinfluence of alcohol. On a positive note, the percentage ofroad accidents caused by drunk driversaged 28 and under is now decreasing,

albeit slightly, throughout Europe, follo-wing the slight increase registeredbetween 2000 and 2005. The best per-formance was registered in Sweden,Germany and France, that is, the onlyMember States where the percentage ofalcohol-related road accidents caused bydrivers aged 28 and under was below the30% threshold: namely, 21.9% in Swe-den, 25.7% in Germany and 24.7% inFrance.

PERCENTAGE OF ROAD ACCIDENTS CAUSED BY DRIVERS AGED 28 AND UNDER

Graph 6 Percentage of alcohol-related road accidents caused by drivers aged 28 and under


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Part 1

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PERCENTAGE OF ROAD ACCIDENTS OCCURRED AT WEEK-ENDS

Most driving offences are committed atweek-ends, rather than at night. It willsuffice to bear in mind that, throughoutEurope, a percentage of alcohol-relatedroad accidents, varying between 40 and55 percent, occurs at the week-end. Thissad record goes to France, with 54.4% ofalcohol-related road accidents beingconcentrated at week-ends, with Italy(54.2%) trailing closely behind. The citi-zens of Slovenia and of the CzechRepublic appear to be less inclined toconsider the week-end as a time to give

themselves to excesses, even if the figu-res related to this phenomenon remainfairly high. In Slovenia, 39.5% of alco-hol-related road accidents occur at theweek-end, whereas this figure rises to41.8% in the Czech Republic. A comparison of the data related to thevarious years examined does not permitto identify a specific trend, although itshows a tendency to forget that, also atweek-ends, drinking and driving cancause many problems to road safety.

Graph 7 - Percentage of alcohol-related weekend road accidents


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PART 2ANALYSIS OF REGULATIONS

Before moving on to an analysis of theregulatory framework governing drin-king and driving issues, it is necessary toprovide a summary of the legal bloodalcohol content limits established ineach country examined. The alcohollevel at which a person is considered tobe legally impaired to operate a motorvehicle in the majority of Europeancountries is 0.5 g/l. This limit is higherin Ireland, Luxembourg, Malta and the

United Kingdom, where the maximumblood alcohol concentration allowed inorder to operate a motor vehicle is equalto 0.8 g/l. On the other hand, many EastEuropean countries have adopted a“zero tolerance” policy. In fact, theCzech Republic, hungary, Romania andthe Slovak Republic consider it illegal tohave any alcohol in your blood whiledriving.

LEGAL BLOOD ALCOHOL CONTENT LIMITS FOR THE OPERATION OF A MOTOR VEHICLE IN EUROPE

Tab. 1 - Blood alcohol content limits in the various European Countries


Part 2

Fig.2 - Map of blood alcohol content limits in the various European Countries


After having provided a summary of theblood alcohol content limits withinwhich it is legal to operate a motor vehi-cle in Europe, it is necessary to analysethe responses that the automobile Clubsconcerned have given to the questionsaimed at gaining knowledge of the regu-lations established to fight the drinkingand driving phenomenon in the various

European countries. To get a betterunderstanding of this study, the que-stions posed to the automobile Clubswere plotted in the box at the beginningof each paragraph. At the end of the study, the questionnairesubmitted to the interviewees isenclosed.

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Given that, as already said, the studyaims to investigate the drinking and dri-ving phenomenon and how it concretelymanifests itself in society, the first que-stion in the questionnaire aims to gainknowledge, in very general terms, ofhow the citizens and institutions of thecountries concerned perceive the issue,and of how this perception has changedover the last twenty-year period. driving after drinking is perceived as aserious offence in all Member Statesalike, and such as to call for severe puni-shment. In FRAnCE, ThE REGULATIOnS AGAInST

dRInKInG And dRIvInG hAvE ExISTEd FOR

ThE LAST ThIRTy yEARS, WhILST In SLO-vEnIA A FAIR dEGREE OF TOLERAnCE hAS

BEEn ShOWn FOR A LOnG TIME,ALThOUGh, STARTInG FROM 2008, A

ShARP REvERSAL OF TREnd hAS OCCUR-REd, also through the introduction of anad hoc rehabilitation plan for driverswho are caught driving while under theinfluence of alcohol. Today, the Slove-nian investment programme for roadsafety provides for a specific expendi-ture item for policies against drinkingand driving, the contact person being theMinister of health. The same Ministeralso promoted a number of initiativesaimed at building a network of relation-ships with non-Governmentalorganizations and other private subjects

on matters concerning road safety inrelation to drinking and driving. ThE SPAnISh COnTACT PERSOn ALSO

ExPLAInEd hOW SOCIAL COnSEnSUS vIS-à-vIS dRInKInG And dRIvInG hAS

dIMInIShEd SIGnIFICAnTLy OvER ThE

yEARS. The Spanish legislator, on hispart, has taken measures to attach crimi-nal relevance to blood alcohol contentsexceeding 1.2 g/l. Our BELGIAn COnTACT has provided spe-cific data on how the phenomenon isperceived in his country, thanks to a sur-vey that was conducted in 1991, 1996,2002 and 2006 on a sample of one thou-sand drivers. The study shows that In

ThE nInETIES, OnLy 68-71% OF InTERvIE-WEES SUSTAInEd ThAT ALCOhOL IS OnE OF

ThE MAIn CAUSES OF ROAd ACCIdEnTS,WhILST In 2002 ThIS FIGURE ROSE TO

89% And, In 2006, IT STOOd STABLy AT

84%. As regards checks, although themajority of interviewees continue tosustain that they are not sufficient, it isnecessary to take account of the greatefforts that were made by the Belgianauthorities, given that the percentage ofsubjects who call for more controls hasin any case decreased from 73% in 1991to 51% in 2006. Lastly, in Belgium, con-sensus for more severe measures hasgrown: in 2002, only 41% of intervie-wees called for more severe punishment.In 2006, as much as 62% of them were

1) How is the issue of drinking and driving perceived in your country, andhas that perception changed over the last 20 years?

HOW IS THE DRINKING AND DRIVING PHENOMENON PERCEIVED

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Part 2

Essentially, all legal systems examinedin this study adopt a variety of highly-structured punitive measures. In somecountries, drinking and driving is theequivalent of our administrative act,especially with respect to the so-calledstate of slight drunkenness, that is, a les-ser abuse of alcohol, generally fallingwithin the 0.5 - 0.8 g/l range, whereas inother countries such offence is crimi-nally punishable. With reference to theItalian legal system, punishment fordrinking and driving offences rangesfrom an administrative fine to arrest,

very often also including additionalpenalties affecting the driver’s licenseand entailing the immobilisation of thedriver’s vehicle. ThE AUSTRIAn LEGAL SySTEM IS ThE

OnLy OnE, AMOnG ThOSE ExAMInEd In

ThIS STUdy, TO COnTEMPLATE AdMInI-STRATIvE SAnCTIOnS OnLy, which areimposed by public administrationbodies, without the need to refer to thecourts and, hence, allowing for morerapid and simplified procedures and les-ser workloads on the criminal justicesystem. Penalties consist in the payment

2) How is the penalty system in your country structured? Does it provide foradministrative or penal sanctions? Which Authority is in charge of imposingsuch penalties?

3) What is the penalty envisaged by your system for drinking and driving, alsoin relation to other punitive measures envisaged therein?

4) What penalties are inflicted for drinking and driving offenses?

5) In case of drunk driving violations, does your system also provide for penal-ties affecting the driver’s license or for the immobilisation of the driver’s vehicle?

in favor of more severe measures andonly 8.35% considered the existingpenalties too harsh. ThE SAME FIGURES

WERE ALSO AChIEvEd In EnGLAnd,WhERE ThE MAJORITy OF ThE POPULATIOn

COndEMnEd dRInKInG And dRIvInG And

CALLEd FOR MORE SEvERE PUnITIvE MEA-SURES. ALOnG ThOSE LInES, ThE GERMAn

And AUSTRIAn CITIzEnS ALSO PERCEIvEd

dRInKInG And dRIvInG AS A SERIOUS

OFFEnCE And hAzARd. In fact, after justover ten years since the blood alcoholcontent limit was reduced from 0.8 to0.5 g/l, in 1998, the Austrian authoritiesregistered a significant decrease in thenumber of penalties inflicted, thus con-firming the virtuous behaviour adoptedby drivers.

PENALTY SYSTEM FOR DRINKING AND DRIVING OFFENSES

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of a fine which increases the higher isthe level of blood alcohol content foundin the driver. Over the limit of 0.8 g/l,the driver’s license is even suspended,for a period which is also proportional tothe blood alcohol content. On the otherhand, penalties entailing the immobilisa-tion of the driver’s vehicle are notenvisaged, but there are additional mea-sures aimed at preventing the recurrenceof such offences, such as psychologicaltests, medical examinations and drivingimprovement courses. ThE SySTEMS AdOPTEd In FRAnCE And

SPAIn PROvIdE nOT OnLy ThAT, ThE

hIGhER ThE BLOOd ALCOhOL COnTEnT

FOUnd In ThE dRIvER, ThE hARShER ThE

PUnIShMEnT, BUT ALSO ThAT A MATTER

WhICh IS ORIGInALLy OF AdMInISTRATIvE

RELEvAnCE MAy BECOME A MATTER OF

CRIMInAL RELEvAnCE. Thus, as the levelof blood alcohol content increases, notonly the penalty increases, but also theproceedings and the competent authori-ties change, given that the penalrelevance of the offense divests thepolice authorities of the power to inflictthe same penalty autonomously, and thedecision is deferred to the courts. Thelimit of blood alcohol content, however,differs in the two countries, beyondwhich both legal systems provide for theswitch from administrative to criminalenforcement. The system in France pro-vides for administrative penalties forblood alcohol contents falling within therange of 0.5 to 0.8 g/l, whilst the Spanishsystem provides for administrative san-ctions for blood alcohol levels of up to1.2 g/l. Italy is also moving in the samedirection as France. In fact, bill S1720,

currently being approved by the Com-missione Permanente Lavori Pubblicidel Senato (n.d.T.: Permanent PublicWorks Commission of the Senate),without prejudice to the criminal rele-vance of the most serious cases,provides for the decriminalization of theoffense of drinking under the influenceof alcohol in case of blood alcohol con-tents ranging between 0.5 g/l and 0.8 g/l.Along the same lines, GERMAny ALSO

PROvIdES FOR BOTh AdMInISTRATIvE And

CRIMInAL SAnCTIOnS. The severity of thepenalty inflicted depends on the bloodalcohol content found in the driver, andcan range from the payment of a 200,00euro fine to a 6 month prison sentence.ThE LEGAL SySTEMS OF EnGLAnd And

BELGIUM, On ThE OThER hAnd, PROvIdE

STRICTLy FOR CRIMInAL EnFORCEMEnT

PROCEdURES In CASE OF dRInKInG And

dRIvInG OFFEnSES. The anglo-saxonlegal system inflicts harsher penaltiesthe higher is the blood alcohol contentfound, and even more so if the offensehas been committed for the second timeor if the driver under the influence ofalcohol has caused a road accident. Inthe latter case, a maximum penalty of 14years of imprisonment is envisaged.Measures prohibiting infringers fromdriving and others entailing the immobi-lisation of the driver’s vehicle are alsoprovided for. ThE hIGhLy STRUCTUREd BELGIAn

SySTEM is summarized in detail below.

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Part 2

Tab. 2 - Penalties for drinking and driving offenses – Belgian system

Source: Touring Club Belgique, 2010

The criminal nature of the penaltiesinflicted by the Belgian system submitsany punitive decisions to the courts.however, the penalties for driving with

blood alcohol contents of up to 1.5 g/lare imposed by a figure equivalent toour Public Prosecutor, provided the lat-ter’s decision is not challenged by the

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infringer. Other aspects of the Belgianpenalty system, foreign to the Italiansystem, are the suspension of the dri-ver’s license (for 3 hours for bloodalcohol contents ranging from 0.5 to 0.8g/l; 5 hours for contents ranging bet-ween 0.8 and 1.5 g/l) and the loweringof the threshold beyond which additio-nal penalties will be inflicted, not only tonewly-licensed drivers but also to olderdrivers. If the penalty provides for the suspen-sion of the driver’s license, the courtmay order the offender to take the theoryor practice tests required in order to bequalified to operate a motor vehicle, ormedical or psychological tests. In caseof road accidents leading to injury as aresult of drunk driving, the court willalso order the infringer to take the appro-priate driving courses and medical andpsychological tests. The Belgian systemdoes not provide for penalties entailingthe immobilisation of the driver’s vehi-cle, which can be confiscated strictly onthe basis of considerations of proof. ThE

SySTEMS AdOPTEd In FRAnCE And SPAIn

ARE FURThER REInFORCEd By ThE PROvI-SIOn, ALOnGSIdE ThAT RELATEd TO ThE

SUSPEnSIOn OF ThE dRIvER’S LICEnSE,EnTAILInG A REdUCTIOn OF dEMERIT

POInTS On ThE InFRInGER’S dRIvER’S

LICEnSE, in the order of 6 points inFrance and from 4 to 6 points in Spain.For serious cases, both systems also pro-vide for the confiscation of the vehiclewith which the offense was committed.The mixed administrative and penalnature of the French and Spanish penaltysystems, together with the provisionentailing the reduction of demerit pointson the driver’s license and the confisca-tion of the vehicle, indicate a strongsimilarity to the Italian system.

Lastly, ThE SLOvEnIAn SySTEM is alsoworthy of note. This system is also cha-racterised by penalties which increasethe higher the blood alcohol content. Inthis case, the range of blood alcohol con-tent is fairly limited, and the increase infines is considerable. Alongside thesefines, infringers are also subject to areduction of a pre-established number ofdemerit points on their driver’s license.Also in this case, more points are takenoff the higher the level of blood alcoholcontent found in the driver.

Tab. 3 - Penalties for drinking anddriving offenses – Slovenian system

Source: Auto-moto zveza Slovenije, 2010

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Part 2

7) Does the discovery of a drunk driving offense and the imposition of therelated penalty require legal proceedings? If so, how long do these procee-dings last on average?

8) In the event that an abstract provision is made for imprisonment for drinkingand driving violations, is such provision actually enforced?

Generally, based on the decision deter-mining the administrative rather thanpenal nature of the penalty, punishmentfor drinking and driving offenses isinflicted by the police or, in any case, bythe public administration or by the

courts, respectively. In this respect, ThE AdMInISTRATIvE

nATURE OF ThE AUSTRIAn SySTEM PRE-CLUdES ThE nEEd TO START LEGAL

PROCEEdInGS And ThE MATTER IS RESOL-vEd ThROUGh A vERy ShORT

6) What instruments are adopted by your system to assess whether an indi-vidual has been driving under the influence of alcohol?

INSTRUMENTS FOR CHECKING BLOOD ALCOHOL CONTENT

In AUSTRIA, AS In ITALy, ThE TRAFFIC

POLICE UTILISES A RAPId TEST TO

ASCERTAIn WhEThER OR nOT ThE dRIvER

hAS BEEn dRInKInG, and if the outcomeof the test is positive, a breath test is thenconducted to check the related bloodalcohol content. ThE UnITEd KInGdOM

hAS ALSO AdOPTEd ThE SAME SySTEM. Onthe other side of the Channel, moreover,the results of the rapid test can also beused as evidence in legal proceedings,

although, in case of appeal, theanglosaxon system requires a urine andblood analysis. ThE TRAFFIC POLICE OF

COUnTRIES SUCh AS FRAnCE, GERMAny,SPAIn, BELGIUM And SLOvEnIA ALSO USE

BLOOd AnALySES And, TO A LESSER

ExTEnT, BREATh TESTS.

THE PENALTY SYSTEM IN THE APPLICATION REALM

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AdMInISTRATIvE PROCEdURE, given thatthe driver’s license is normally suspen-ded within 2 to 4 weeks, and even if theinfringer files an appeal, the decision isin any case enforced within 3 to 5months. Along these lines, ThE SLOvE-nIAn POLICE AUThORITIES ARE ALSO

EMPOWEREd TO IMPOSE PEnALTIES, WITh

ThE ExCEPTIOn OF ThE MORE SERIOUS

CASES WhICh ARE dEFERREd TO ThE

COURTS.FRAnCE And SPAIn, On ThE OThER hAnd,PROvIdE FOR ThE nEEd TO START LEGAL

PROCEEdInGS In CASE A CRIMInAL

OFFEnSE hAS BEEn COMMITTEd.In ThE LIGhT OF ThE STRICTLy CRIMInAL

nATURE OF ThE UK And BELGIAn

SySTEMS, Any BREACh OF LAW In MAT-TERS COnCERnInG dRInKInG And dRIvInG

ShALL BE SUBMITTEd TO ThE COURTS.With respect to England, there are twotypes of courts: those related to smallclaims (Magister) and those in charge ofhearing the more serious cases (Court).drinking and driving cases are deferredto the Magister, otherwise, the moreserious cases are submitted to Court. Asa rule, repeat drinking and driving offen-ses or cases involving serious roadaccidents are submitted to the Courts. In BELGIUM, SPECIAL COURTS hAvE BEEn

SET UP SPECIFICALLy TO hEAR CASES COn-CERnInG ROAd TRAFFIC-RELATEd

MATTERS. These courts are called PoliceCourts. They are in charge of decidingon drinking and driving offenses requi-

ring the Judge’s full knowledge of thefacts. Generally, proceedings beforethese courts last from 6 months to a year.Being well aware of the recurrentdispute in Italy on the ineffectiveness ofthe prison sentence, it would be intere-sting to gain further knowledge of theother European contexts with respect tothis issue. The study consequently revealed that allEC Member States that participated inthe survey provide for prison sentences,except for Austria, which, as alreadysaid, opted for a non-penal system. Bel-gium provides for arrest andimprisonment only in case of repeatinfringements, and sources from thesame country admit that such measuresare rarely enforced. Prison sentences arealso found in France, at the discretion ofthe Judge, but only in the case of repeatinfringements. Prison sentences are alsorarely enforced in Spain, where offen-ders are more often ordered to performsocial work. The German system alsoprovides for prison sentences for drin-king and driving offenses with bloodalcohol contents exceeding 0.8 g/l,although our local contact person did notreport on whether such penalty isactually inflicted. Lastly, worthy of noteis the Slovenian system, which providesfor a particular form of arrest: imprison-ment in this country may vary from aminimum of 6 hours to a maximum of12.

23


Part 2

Before completing the survey on thevarious regulatory systems existing inthe countries herein examined, it wasdeemed appropriate to touch on anotherpertinent issue, that is, the interviewees’opinion as to which are the points ofstrength and weakness of their systemfor preventing and fighting the drinkingand driving phenomenon. The contactperson from Austria reported that thedriver’s license suspension and, hence,the prohibition to drive have the advan-tage of making the offender reflect upon,and hence aware, to a certain extent, ofthe hazards involved in their behaviour.nevertheless, it is widely recognisedthat the redemptive effect of such awa-reness may sometimes not occur,especially with regards to certain indivi-duals, who, in fact, continue to committhe offense despite the suspension oftheir driver’s license and the consequentprohibition to drive. Thus, the Austriancontact, although he recognises the vali-dity of his system, which is centered onadministrative measures, seems to sug-gest the need for further provisions toprevent the repetition of such offenses asin the case of many European countries(i.e. States which provide for prison sen-tences for repeat offenders). The samereasoning can be found in the responsegiven by the Slovenian contact, whoexpressed the need for more severepenal sanctions for more serious drunkdriving cases, especially with respect to

repeat offenders. Our French contactshows appreciation for the constantefforts made by the police in controllingroad traffic to prevent, and if necessary,prohibit drinking and driving. however,he denounces an excessive use of repres-sive measures which, in his opinion,should be replaced by educational initia-tives, which, however, he admits to bethe direction in which France is progres-sing. Our Spanish contact is pleasedwith the efforts that were made in recentyears to improve the existing legislationon the subject, but denounces a certaindegree of inefficiency in replacing pri-son sentences with social work. In hisopinion, it is necessary to increase thenumber of facilities which permit infrin-gers to serve such alternative penaltiesand, especially, to provide for the stre-amlining of such procedures so as toprevent such measures from being time-barred. Our Belgian contact approvesthe collaboration that exists between thepolice forces and the other organizationsin charge of road safety. Similarly, hesustains that the complex structure of theBelgian penalty system and the moresevere measures against repeat offendersare by all means a point of strength ofthe same. he also expressed a positiveopinion on the future prospect of lowe-ring the blood alcohol content limit to0.2 g/l. The negative aspect reported bythe Belgian contact, on the other hand,related to the excessive amount of time

9) In your opinion, what are the points of strength and weakness in the anti-drunk driving policy implemented in your country?

POINTS OF STRENGTH AND WEAKNESS IN THE SYSTEM

24

required for the completion of the pro-ceedings, which however, faroutperforms the Italian reality, as suchproceedings require an average timeperiod of twelve months. The English Automobile Club emphasi-zes the credibility of its penalty systemand the rapidity of the proceedings, tothe effect that penalties are generallypaid without much ado. This shows howthe effectiveness of a penalty system isnot founded so much on the degree ofseverity of the punishments inflicted, as

much as on their indissociable and rapidenforcement. The negative aspect of thesystem according to the English contactconsists in the excessive scarcity of testsconducted by the police, as well as bythe excessively high threshold beyondwhich a person is deemed impaired tooperate a motor vehicle. In this respect,it must be stressed that the United Kin-gdom is one of the very few countriesleft to retain a 0.8 g/l blood alcohol con-tent limit beyond which driving isprohibited.

At the end of the survey, a brief overview of the Bulgarian system is furnished.The idea of providing a detailed analysis of the system at issue separately, cameup as a result of the need to treat the characteristics of the Bulgarian system in auniform manner. As in the case of the majority of the European countries, Bulgariaopted for a varying penalty system based on the driver’s blood alcohol content,which can be verified by the national traffic Police of the East European countrythrough the use of breath tests and clinical examinations alike.If the blood alcohol content falls within the range of 0.5 g/l to 1.2 g/l, only anadministrative penalty is inflicted; whilst, in cases where the 1.2 g/l limit is excee-ded, the offense has penal relevance. More precisely, in case of drinking anddriving with blood alcohol content lower than 1.2 g/l, the law provides for the pay-ment of an administrative fine ranging from 200 to 500 Leva (equivalent to approx.100 and 250 euro, respectively), as well as for the suspension of the driver’s licensefrom 1 to 12 months. On equal blood alcohol content, such penalty increases inthe event that the driver is caught driving a public means of transport or a vehicletransporting hazardous substances, as well as in the case where the latter has obtai-ned a driver’s license in the last 2 year period. For blood alcohol contentsexceeding 1.2 g/l, on the other hand, prison sentences are enforced up to one yearin addition to the suspension of the driver’s license. In the latter case, the penaltyis established and inflicted following the completion of court proceedings. Theparticular aspect of this system consists in the possibility of being arrested. In fact,if the police authorities find a blood alcohol content exceeding 1.2 g/l, they areauthorized to arrest the driver immediately. The prison sentence has proven to behighly effective. Furthermore, the proceedings to which drunken drivers are sub-jected are completed within a two-month period. This, evidently, is another pointof strength of the system under examination, which combines effective penaltieswith their prompt enforcement.

BULGARIA’S PENALTY SYSTEM

25


Part 3

PART 3ANTI-DRINK DRIVING INITIATIVES

In order to disseminate and imbue citi-zens with the principle according towhich drivers must not drive motorvehicles while under the influence ofalcohol, Austria has made wide use ofthe images and means of mass commu-nication. Through video broadcastingand press, radio and television cam-

paigns, it aims to raise the awareness ofpublic opinion of the negative conse-quences of drinking and driving. Indoing that, a key contribution was madeby the German automobile Clubs and bythe Austrian Beer Associations.

Tab. 4 - Anti-drinking and driving campaigns in Austria

Source: Osterreichischer Automobil, 2010

AUSTRIA

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France has launched several preventioncampaigns addressing specific targets. Alack of broad action against the consum-ption of alcohol is offset by a highconcentration of efforts aimed at preven-ting the negative consequences affectingroad safety. More precisely, the Frenchinitiatives are aimed at establishing abalance between drinking alcohol androad safety. This occurs by attachingimportance to the so-called designated

driver, calling for an accurate check ofthe blood alcohol content prior to dri-ving a vehicle and, finally, promotingsocial control of the driver’s sobriety.This approach appears to be consistentwith a legislation which, in fact, does notabsolutely prohibit alcohol consum-ption, but sets certain limits to driving.

Tab. 5 - Anti-drinking and driving campaigns in France

Source: Automobile Club Association Français des Automobilistes, 2010

FRANCE

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Part 3

Finland has placed emphasis on breathtest controls, during which informationis provided on the issue of drinking anddriving. The initiatives that have beenimplemented so far consist in increasingthe number of breath tests conductedduring certain periods of the year. In so

Tab. 6 - Campaigns against drinking and driving in Finland

Source: Helsingin kihlakunnan poliisilaitos, 2010

Malta assigns the key role in fightingdrinking and driving to the police: thatis, in terms of prevention, and not, asone may think, of repression. Police offi-cers are invited as speakers at radio andtelevision programs with the aim to edu-cate drivers on correct behaviour. By

FINLAND

doing, emphasis is placed on improvingroad blocks during periods of intensetraffic (Christmas and summer week-ends) and on reminding drivers thatdriving with blood alcohol contentsexceeding the legal limits is prohibited.

MALTA

exploiting the authoritativeness enjoyedby the police in this country, Malta thustries to disseminate the culture of obser-vance and respect for the road safetyregulations. This reveals a double pur-pose, the other being the establishmentof a closer relationship between police

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Tab. 7 - Campaign against drinking and driving in Malta

Source: Malta Police General Headquarters, 2010

Cyprus is waging a war against drinkingand driving on two fronts: throughrepression, by means of increasing thenumber of check points during three dif-ferent periods of the year, and throughprevention, by broadcasting radio and

television commercials. The aim is toraise the awareness of public opinion onthe importance of being sober while dri-ving and, at the same time, to combatdangerous behaviours.

Tab. 8 - Campaigns against drinking and driving in Cyprus

Source: Cyprus Police Headquarters, 2010

and citizens. The police, in fact, shouldnot be seen as a repressive body, readyand willing to punish, but rather, as a

protection body. It protects road usersfrom incorrect and dangerous beha-viours.

CYPRUS

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Part 3

The Spanish automobile Club reports ofsix prevention and repression campaignsagainst drinking and driving conductedin Spain. It is noteworthy that the mes-

sage is often customised according tothe road user’s age. One of the reportedcampaigns, in fact, was addressed topeople aged 65 and over, a second to

Tab. 9 - Anti-drinking and driving campaigns in Spain

Source: Reial Automobil Club de Espana e Cuerpo de Policia Municipal de Madrid, 2010

SPAIN

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Tab. 10 - Anti-drinking and driving campaigns in Slovenia

Source: Auto-moto zveza Slovenije, 2010

young University students, and a third tomiddle-aged adults. With reference tothe latter category, it is interesting tonote that the Spanish authorities aim toavoid an underestimation of the issue,that is, that the drivers at issue are erro-neously led to believe that they areimmune, and that the ominous events ofdrinking and driving are, all in all, issueswhich do not concern us. Worthy of noteis the study that is conducted in order to

it seemingly aims to reduce the amountof alcoholic beverages consumed, andnot only with specific reference to theeffects that alcohol can have on roadsafety. Repression, on the other hand, ispursued through various checks set up inplaces where alcoholic beverages areconsumed and sold and by means ofintensifying police road checks.

Slovenia promotes both prevention andrepression of drinking and driving cases.Prevention is pursued by raising theawareness of the population to a lifedevoid of alcohol through appropriatemessages disseminated through masscommunication means. Thus, the Slove-nian initiative seems to actually set itselfadditional objectives other than merelyfighting drinking and driving, given that

deploy police forces along the roads, inan attempt to concentrate their efforts inthe high accident density areas, andwhere the prevention tests have indica-ted a frequent abuse of drinking anddriving cases. As in the case of Franceillustrated above, Spain also investsresources in social control: who better toprevent drunken drivers from drivingthan friends and relatives.

SLOVENIA

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Part 3

Tab. 11 - Anti-drinking and driving campaigns in Belgium

Source: Touring Club Belgique, 2010

are consumed. Alongside the use of tele-vision and radio commercials, theculture of the designated driver is pro-moted directly through pubs, bars andrestaurants throughout the country. Inthese places, a Bob keychain is offeredas a gift to all those who volunteer not toconsume alcoholic beverages and under-take to drive their friends home. Thecampaign’s creative approach in favor ofBob changes from year to year, but thebasic ingredients remain the same: theconcept of designated driver, the partyand the promotion of safe conduct. The prevention campaign is alwaysaccompanied by an intensification of

As early as 1995, as part of its fightagainst drinking and driving, the BelgianInstitute for road safety (IBSR-BIvvInstitute) launched its first campaignaimed at encouraging people who com-mute by car to designate someone whoabstains from drinking under any cir-cumstances and takes the responsibilityof driving all travel companions home.The designated driver was nicknamedBob. Since 1995, the campaign in favorof Bob was repeated every year in colla-boration with the beer producersassociations. Thus, the prevention cam-paign entered the places in which thelargest volumes of alcoholic beverages

BELGIUM

32

road checks carried out by the police,especially at the times and places wheredrinking and driving offenses are mostlikely to occur (weekends, night clubs,and secondary roads, which are oftentaken specifically to avoid police con-trols). This integrated approach is one ofthe major factors that contributed to theinitiative’s success. Starting from 2001,the idea of “Bob”, the designated driver,was adopted also by other EU MemberStates with the support of the European

Commission, under the name of "Lince"in Spain, "designated dessie" in Ireland,"Capitaine de soirée" or "CapitaineSam" in France, "Stooder med Stil" indenmark, "Bob" in the netherlands andGreece, and "Joker" in Portugal. Thefigure of designated driver became awidely recognised trademark reaping afair degree of success in all the countriesin which it was introduced.

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DRINKING AND DRIVING

drinking and driving is regulated by thehighway Code which provides for fivedifferent cases:

1) If the driver of a public transport vehi-cle has a blood alcohol content at leastequal to 0.20 g/l and lower than 0.80 g/lor if the concentration of alcohol in hisbreath is at least equal to 0.10 mg/l andlower than 0.40 mg/l (Art. R. 234-1 ofthe highway Code).

2) If the driver has a blood alcohol con-tent at least equal to 0.50 g/l and lowerthan 0.80 g/l or if the concentration ofalcohol in his breath is at least equal to0.25 mg/l and lower than 0.40 mg/l (Art.R. 234-1).

In these two initial cases, the offensewill be punished as follows:- a “fourth class” fine: 135 euro penalty(90 euro if paid immediately);- a 6 demerit point reduction on the dri-ver’s license;- suspension of the driver’s license for amaximum period of 3 years. Thissuspension, however, can be limited to

periods outside the driver’s work hours(Art. R. 234-1);- immobilisation of the vehicle to bedecided by the Mayor or judicial policeofficer having jurisdiction (Art. R. 234-1 of the highway Code which refers toArticles from L. 325-1 to L. 325-3 of thesame Code);

3) If the driver has a blood alcohol con-tent at least equal to 0.80 g/l o if theconcentration of alcohol in his breath isat least equal to 0.40 mg/l;

4) If the driver is clearly driving underthe influence of alcohol;

5) If the driver refuses to take the breathtest.In these three latter cases, the offensewill be punished as follows:- a fine in the amount of maximum4,500 euro- prison sentence for a maximum of 2years;- a 6 demerit point reduction on the dri-ver’s license;- additional penalties (Art. L. 234-2 ofthe highway Code):A. suspension of the driver’s license for

SUPPLEMENTARY WORKSHEET

DRINKING AND DRIVING IN FRANCE

NORMATIVA

Supplementary worksheet – France

34


35

a maximum period of 3 years. Thissuspension cannot be limited to periodsoutside the driver’s work hours and can-not be the subject of a (also partial)deferment;B. revocation of the driver’s license withthe prohibition to repeat the exam for a5-year period;C. impairment to drive certain motorvehicles for a maximum period of 5years;d. obligation to follow a road safetyawareness-raising course;E. penalty on a day-fine basis;F. confiscation of the vehicle (Art. 131-6 of the Penal Code).

In some cases, the penalties outlinedabove may be subject to an aggravation:- in case of homicide by negligence: afine of 90,000 euro, 6 years imprison-ment, automatic cancellation of thedriver’s license and prohibition to applyfor a new one for a period of 5 years;obligation to follow road safety aware-ness-raising course; social work (1);penalty on an hour-fine basis; confisca-tion of vehicle;- in case of death caused by negligencewith negligent offense of a specificsafety obligation: fine of 150,000 euro;10 years imprisonment; automatic can-cellation of driver’s license andprohibition to apply for a new one for aperiod of 5 years; obligation to follow a road safety aware-ness-raising course; social work; penaltyon a day-fine basis;confiscation of vehicle;C. in case of injury caused by negligence

involving total temporary disability lessthan 3 months: fine of 30,000 euro; 2years of imprisonment; 6 demerit pointreduction on the driver’s license;Suspension of driver’s license for a 3year period or automatic cancellation ofdriver’s license and prohibition to applyfor a new one for a period of 5 yearsand/or impairment to operate specificmotor vehicles for a 5 year period; obli-gation to follow a road safetyawareness-raising course; social work;penalty on a day-fine basis; confiscationof vehicle.

MEASUREMENT OF BLOOD ALCOHOL CONTENT

The measurement of blood alcohol con-tent can be performed strictly by ajudicial police officer or by a judicialpolice agent under the control of a judi-cial police officer (Art. L. 234-9 of thehighway Code).The measurement is performed in twostages: first, a dépistage operation(French term meaning search of facts, ofnon-evident causes) and, then, a checkof the first stage. ThE déPISTAGE is performed with the aidof a device called “éthylotest”, alsowidely known as “alcootest”. There aretwo types: those belonging to category Aare disposable; those belonging to cate-gory B are electronic and can be usedseveral times. A dépistage test can be performed onlyin cases expressly provided for by thehighway Code:- the driver appears to be drunk (see

(1) In France the “travail d’intéret général” is a criminal sanction consisting in non-remunerated work to be car-ried out at an association, local administration or public office.


below);- the driver appears to have committed aspeeding or non-use of seatbelts or hel-met violation (Art. L 234-3 of thehighway Code);- the driver appears to have committed aviolation of the highway Code punishedwith the additional penalty of suspensionof the driver’s license;- the driver was involved in a road acci-dent in which damage or no damage wascaused to persons.

There are also instances in which, out-side the cases expressly provided for, itis in any case possible to perform a dépi-

stage:- at the Public Prosecutor’s specialrequest;- at the initiative of a judicial police offi-cer- by police agents at the special requestand under the responsibility of a judicialpolice officer.

A déPISTAGE CAn BE ChECKEd both withthe aid of a breath test and through alaboratory blood analysis:- If the check is performed using a bre-ath test, the latter must be approved andmust have been checked at least oneyear before it was recorded.The driver may request a second checkof the dépistage to confirm the first one;- If a blood analysis is performed, thismust be done within not more than 6hours after the violation was committed.The blood sample must be divided intotwo separate phials, labeled and sealedby the judicial police officer or agent.The second phial must be kept for atleast 9 months. The driver has the rightto obtain a second opinion provided it isrequested within 5 days from the date on

which the results of the blood analysiswere communicated to him. In the eventthat this request is not made or wasmade beyond the pre-established time-limit, the results of the first bloodanalysis will no longer be disputable.

DRIVING IN AN OBVIOUS STATE OF INTOXICATION

driving in an obvious state of intoxica-tion is the equivalent of a situation inwhich it appears clearly evident, andhence without the need to perform a bre-ath test, that the driver is driving underthe influence of alcohol. This case isprovided for and penalized by Art. L.234-1 of the highway Code.The unequivocal signs of intoxication atthe time of the arrest (by the police), thefact that the driver was speeding andzigzagging across the lanes, the fact thathe had a strong odor of alcohol on hisbreath, that he made senseless commentsor that he was unable to blow into thebreath test device also provided suffi-cient evidence before the various courtsthat dealt with such cases of his obviousstate of intoxication.If the police report contains such evi-dence, the driver will be prosecuted andsentenced even if the breath test wasincorrectly performed. In fact, Art. L.234-1 provides for the right to prosecutea driver both in case of a positive breathtest, and – also in lack of such a test – inthe case of an obvious state of intoxica-tion.

36

At the end of 2008, the total number ofbreath tests performed to ascertain drin-king and driving violations was11,743,065. This figure can be brokendown as follows:- déPISTAGE OPERATIOnS PERFORMEd AS A

RESULT OF An ACCIdEnT (involvingcasualties, with damage to persons or tothings only): 365,218Compared to 2007, such operationsdeclined by 2.2% (from 373,534).Tests yielding positive results havedecreased by 4.4%, from 31,395 to29,998.These results confirm a reduction, in2008, in the number of accidents invol-ving damage to persons (-9.7%),casualties (-7.5%) and injuries (-11.2%)- PREvEnTIvE déPISTAGE OPERATIOnS:9,486,945

These increased by 6.1% (8,941,167 in2007).These preventive checks represent morethan 80% of the total breath tests perfor-med over the course of 2008. As manyas 260,455 of these turned out positive,with a 2.5% increase compared to theprevious year. This negative perfor-mance may be attributed both to theadditional experience gained by policeofficers, and to an improved targeting ofthe checks performed, namely, the day,time and place (i.e. at night, at the week-end, outside night clubs).- déPISTAGE OPERATIOnS PERFORMEd FOL-LOWInG A vIOLATIOn: 1,890,902These have decreased slightly (1.3%,from 1,915,313 in 2007). The positiveresults obtained from these tests increa-sed by 0.7%, from 90,633 to 91,252.

STATISTICS ON DRINKING AND DRIVING

Graph 8 - Police force activities: evolution of preventive breath testdépistage operations

Source: France, Ministère de l'Intérieur, 2008

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Tab. 12 - Number of checks performed and results

Source: France, Ministère de l'Intérieur data processing, 2008

PERCENTAGE OF POSITIVE DÉPISTAGE OPERATIONS

As already mentioned above, breath testresults are closely connected with thecircumstances under which they are per-formed. It must be stressed that, over thecourse of 2008, a slight increase wasregistered in the percentage of positivebreath tests performed in fatal accidents. The incidence of alcohol in road acci-dents still remains very high.

A comparison between the first sixmonths of 2008 and those of 2007 showsno improvements in the drinking anddriving situation: in particular, the per-centage of drivers found to be under theinfluence of alcohol at the time of theaccident remains constant at 5.5% (ana-lysis conducted by the nationalIntra-Ministerial Observatory for roadsafety). The same percentage with respect tofatal accidents increased to 16.9%.

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Tab. 13 - Details of test results


ALCOHOL AND ROAD DEATHS

The data show that no progress has beenmade in the last 10 years with respect todrinking and driving, which has becomethe major cause of accidents, followedby speed.

Tab. 14 - Percentage of alcohol-related fatal accidents


TORT AND PENALTIES FOR DRINKING ANDDRIVING

The number of alcohol-related tortscommitted in 2008 were 176,443, whichremain stable compared to the previousyear. The number of cases in which thedriver refused to take the breath testincreased by 4%.Infringements as a result of driving witha blood alcohol content of 0.8 g/l orlower (99,968 violations) increased by1.5%.

Tab. 15 - The causes of road accidents in France


39



Tab. 16 - Details of violations by type

(*) Driving public transport vehicles. Infringement introduced in 2004


Graph 9 - Evolution of alcohol-related infringements


40

INFORMATION CAMPAIGNS

SAM

In the month of december 2005, the first“designated driver” campaign was laun-ched, presenting a doll named Sam,indicating the designated sober driver. The slogan says: “Sam, if you’re dri-ving, don’t drink”.The campaign was launched again overthe course of the years (it was launched

also at the end of 2009), especiallyduring the december festivities.A website (www.sortezrevenez.fr)addressed to young people was also setup, entitled “Sortez Revenez” (“Go out,Come back”), which makes availablevideos, recommendations, and picturesof the various awareness-raising initiati-ves carried out at youth centers.The website is now also linked to theSam page on Facebook.

SOUFFLEZ, VOUS SAUREZ

In 2007, another awareness-raising cam-paign was launched entitled “Soufflez,vous saurez” (Blow, and you will know)to encourage drivers to take the éthylo-

test (n.d.T.: breath test) in order to knowif, after drinking alcohol, they are able tooperate a motor vehicle. The campaignposter tries to show the risks associatedwith exceeding the legal blood alcoholcontent limit: “drinking and driving:beyond the limit you are no longer ableto assess the risk”. This campaign,which was launched several times overthe years, is supported by a website pro-viding plenty of documentation, videos,

data as well as a compilation of broad-casted radio and television commercials.The campaign calls on the population atlarge to be responsible in changing theexisting trend by accepting to take theonly test capable of measuring the bloodalcohol content before driving: the éthy-

lotest. The aim is to favor a widediffusion of such tool at a reasonablecost. In order to do this, a partnership ofmore than 20 undertakings, professionalorganizations or associations was set up(big shopping malls, wine and liquorresellers, automobile parts resellers,drugstores, etc.).

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LE RESCAPÉ

The last commercial sent on air from 11december 2009 to 3 January 2010 was athirty-second film entitled “Le rescapé”(“The survivor”), which was broadca-sted on 35 television channels.

“Lying in a hospital bed, a man, victim

of a very serious road accident, lives

with the aid of an artificial breather. His

face appears covered with bruises, his

left leg was amputated. In the room,

there is a friend talking to him, who

wants to dissuade him from driving

again. At each word, the conditions of

the victim improve: he can feel his legs

again, the scars on his face slowly

disappear, his hand comes to life again.

We then see him at the end of a dinner

where he had too much to drink and

when he is about to enter his car. The

spectator understands that the man was

saved thanks to the persuasive words of

his friend, who convinced him not to

drive.”The same concept “des mots pour sau-ver” (“life-saving words”) was adoptedin the form of three radio commercialslasting 25 seconds each, broadcastedduring the same period of time by 7major national radio channels and by allthe local radio channels. At the sametime, numerous prevention measureswere implemented, such as, for example,the distribution of 500,000 éthylotest atthe highway tollbooths together with aninformation booklet.

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DRINKING AND DRIVING IN THE UNITED KINGDOM

It is a crime to drive, to attempt to drive,to “to be in charge of” (2) a motor vehi-cle on the road or in a public place if thelevel of concentration of alcohol in thebreath, in the blood or in the urine isabove the legal limit. The law specifi-cally provides that the level of alcohol atthe time in which the crime is committedis assumed to be the same or, in anycase, not lower than that resulting fromthe breath test or blood or urine sample.This assumption can be challenged if thedriver is able to prove that:- alcohol was consumed after havingstopped driving although before thesample was taken for the analysis - it was not possible to assume that thealcohol content would have exceeded

the legal limit; - that the driver’s ability to drive wouldnot have been undermined.It is important to note that, if the presu-med crime concerns the circumstance ofbeing in charge of a vehicle, that assum-ption can be challenged by proving thatthere were no probabilities of findingoneself behind the wheel whilst underthe influence of alcohol.

The legal limits are the following:- 35 micrograms for every 100 millilitersof air- 80 milligrams (mg) for every 100 mil-liliters of blood- 107 milligrams for every 100 millilitersof urine.

REGULATIONS

(2) This is how the expression “Being in charge” was translated, for which there is no real legal definition: it mustbe interpreted with reference to the specific circumstances and facts. In general, “in charge” refers to the owner orproprietor of the vehicle or the person who just drove it. Subjects are not considered to be “in charge” if the vehiclewas driven by another person of if the proprietor/owner was far away from the same vehicle. The issue becomesmore intricate in the case where the owner/proprietor was inside the vehicle or in any way involved with it. The cir-cumstance of being “in charge” can be proven in the case where an attempt was made, to no avail, to enter thevehicle, in the case where the owner/proprietor was in possession of the vehicle keys, or in the case where the lattermanifested the intention to take control of the vehicle, or even in the case where he or she was near the vehicle.

43

Supplementary worksheet - United Kingdom

FAILING TO PROVIDE A SAMPLE

A crime is committed when:- the driver is unable to take the prelimi-nary breath test;- the driver fails to provide anair/blood/urine sample to the police sta-tion, unless he or she has a reasonablejustification (3);- the driver refuses to take any type oftest.In order to request the driver to take thebreath test, it will suffice for the policeagent to have even the mere suspicionthat the latter has been driving after drin-king with a blood alcohol contentexceeding the legal limit. If, therefore, itis subsequently proven that the driverwas not driving, even if a sample wasprovided, he or she will not be guilty of“Driving with Excess of Alcohol”. If,however, the driver has refused to takethe test, even if he never sat behind thewheel, he or she may be consideredguilty for failing to provide a sample ofair.

BEING UNFIT TO DRIVE

It is a crime to drive, attempt to drive, orbeing in charge of a vehicle being ope-rated on the road or in a public place ifthe subject is unable to do so due to theinfluence of alcohol or drugs. The driver can be considered unfit todrive if his or her ability to drive pro-perly is undermined (even if the quantityof alcohol in his or her body falls withinthe legal limit).Evidence of the driver’s inability todrive can be collected, for example,from the way he or she drives, zigzag-ging, or from the fact that he/she causedan accident or from his or her psycho-physical conditions.

(3) In general, a justification, to be considered reasonable, must refer to a physical or mental inability to take atest and provide a sample.

44

45


Tab. 17 - Penalties

Source: United Kingdom, “Road Traffic Act 1988” data processing

The summary table above shows themaximum penalty inflicted for eachoffense as provided for by the “RoadTraffic Act 1988”. These values are

strictly indicative, as it is not possible todivine exactly what the Court willdecide in each case.


46

STATISTICS ON DRINKING AND DRIVING

ENGLAND AND WALES

In 2008, 2,538 people lost their lives inroad accidents: an average of 7 deathsper day. The number of people killed inalcohol-related road accidents registereda sharp drop in the 1979-2008 period,reaching the lowest value in 2007 (410)and registering a 5% increase in 2008(430). This cause of death presentlyaccounts for 17% of total road deaths.As regards the number of injuries, on theother hand, the total number of alcohol-related road injuries is 13,020,representing 6% of the overall numberof road injuries. The 2008 data show a total of 8,640accidents involving damage to personsin which at least one driver of the vehi-cle (car or motorcycle) exceeded theblood alcohol content limit. It can be sta-ted with a fairly low degree ofapproximation that, of the road deathsregistered, 1 person out of 5 exceeded

the limit and that half of the drivers whodied between 10:00 p.m. and 4 a.m.were under the influence of alcohol.

SCOTLAND

The data for Scotland refer to the year2007, given that, at the end of 2009, thedata for 2008 had not yet been verified.In 2007, 670 accidents were registeredin which the drivers of the vehicle (caror motorcycle) had exceeded the legalblood alcohol limit. These accidentsinvolved 940 people, of which 30 losttheir lives, 150 were seriously injuredand 760 reported less severe injuries. Ifwe compare the total number of roadaccidents (12.485) with the total numberof casualties (281), we can see that 5%of the road accidents occurring in Sco-tland are alcohol related, and that thiscause accounts for almost 11% of totalcasualties. Injuries, on the other hand,account for 7% of the total.

Graph 10 - Alcohol and road deaths: United Kingdom 1979-2008

Source: United Kingdom, Department for Transport, 2008

formed in this period is three timeshigher than the average number ofchecks registered in the other months ofthe year. In 2007, the number of policeofficers engaged in this activity fluctua-ted between 216 for every 100,000inhabitants in the West midlands and3,410 (always for every 100,000 inhabi-tants) in north Wales.As regards Scotland, in 2007 the numberof checks performed was 12,136, andthe number of persons who tested posi-tive or who refused to take the test were469 (5).

CHECKS

The latest data on checks performed bypolice forces refer to 2007 (4), over thecourse of which, 599,752 breath testswere performed, that is, 0.3% less thanthe previous year. The number of peoplewho tested positive or who refused totake the test decreased by 6% from103,730 (2006) to 97,590.Checks are usually intensified during themonth of december, coinciding with theChristmas festivities or with the start ofthe information campaign on drinkingand driving. The number of checks per-

(4) The referenced document is “Police Powers and Procedures. England and Wales 2007/08” published on 30April 2009(5) “Road Casualties Scotland 2007”

Graph 11 - Breath test performance in England and Wales, 1997-2007

Source: Police Powers and Procedures. England and Wales 2007-2008

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ThInK! is an initiative launched by theTransport department focusing on thetheme of road safety. In this context,each year two important campaigns areconducted for raising awareness of drin-king and driving, one in the summer andone during the Christmas festivities,using a wide variety of means of com-munication: television, radio, posters inpub toilets, national press and the Inter-net, as well as marketing activities underpartnerships, also at local level.Campaigns aim to achieve the follo-wing:• raising awareness of the individualconsequences of a prosecution for drin-king and driving;• persuading young people that 1 or 2drinks prior to driving are too much andthat it is not worth the risk;• strengthening and generating socialdisapproval of drinking and driving.The target of the current campaigns isthe drinker of 1-3 pints of beer, not thedrunk driver, with special emphasis onyoung people aged between 17-29 years.no emphasis is placed on the increasedrisk of accidents as recent studies on thesubject have shown that young peoplebelieve that:• no accidents can occur after consuming1 or 2 drinks;• the advertising campaigns showing thescene of an accident are not addressed tothem, but to subjects who drive underthe influence of alcohol;• the chances of exceeding the limit andbeing stopped are greater after 1 or 2drinks.The results also show that the long-termconsequences of the punishment fordrinking and driving, such as the prohi-

bition to drive for a 12-month period, theinfringement being recorded on the dri-ver’s license for an 11-year duration,imprisonment or a dirty criminal record,are much more alarming and convincingfactors, for this type of subjects, than therisk of causing accidents or injuries toone self or to others. The key messages of the 2009 Christmascampaign were the following:• ThInK! don’t drink and drive• if you have been prosecuted for drin-king and driving, you will not beallowed to drive for at least 12 months. The drinking and driving communica-tion strategy focused on personalconsequences. The message concerningthe consequences of the “moment ofdoubt” was broadcasted on Tv and sup-ported by radio, the Internet and thenational press. Posters were affixed atpub toilets and quiz machines. The aimof the 2009 Christmas campaign was toshow young people the consequencesthat the prohibition to drive one’s car forat least 12 months as a result of drinkingand driving charges would have on theirlifestyle. The aim of the campaign is tomake it clear that one or two drinks arenot worth running such a high risk,reminding drivers what is at stake.“IF yOU LOSE yOUR dRIvER’S LICEnSE FOR

dRInKInG And dRIvInG ThIS ChRISTMAS,yOU WILL nOT BE ABLE TO dRIvE yOUR

CAR FOR AT LEAST 12 MOnThS”.

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This Tv commercial focuses on Matt, a young man who goes out with his friendsfor a couple of drinks, and reflects on whether or not to have another pint of beerbefore driving back home. While Matt is trying to decide what to drink, the worldaround him freezes and the bartender suddenly transforms himself into a series ofcharacters that Matt would hypothetically meet were he to be arrested for drinkingand driving. Matt is powerless when he sees a policeman ordering him to step out of his car inorder to take a breath test, before a lawyer who is explaining to him that he willnot be able to drive his car for 12 months, while his boss is informing him that thecompany policy prohibits the recruitment of people who were previously prose-cuted for drinking and driving, when a used car salesman makes him a very lowoffer for his car which he needs to sell urgently in order to pay a big fine and,finally, with his girlfriend who is upset and sad that he lost his driver’s license, hisjob and his car.

TELEVISION COMMERCIAL: “THE MOMENT OF DOUBT”

PARTNERSHIP CAMPAIGNS:DRIVER FRIENDLY

A new partnership campaign called“Driver Friendly” was launched in themonth of december 2009.In cooperation with numerous organiza-tions, among which the soft drink tradeand industry, the aim was to persuadedrivers to opt for soft drinks when spen-

ding the night out, making special offersto them and providing benefits throughthe pub.

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THE ISSUE OF THE BLOOD ALCOHOL CONTENT LIMIT OF 0.8 G/L

There is a heated debate on this issue,where the large majority of public opi-nion is in favor of reducing themaximum blood alcohol content limit to0.5 g/l, that is, in line with the legisla-tions of the majority of EU MemberStates. In a recent document (“Second

Review of the Government’s Road Safety

Strategy, 2007”), the Government, cal-led upon to deal with the issue, statedthat the hypothesis of reducing the legallimit will be examined, although its prio-

rity is to strengthen controls also in con-sideration of the fact that, on the subject,the United Kingdom has much moresevere punishments and, certainly, moresevere than those of other countries inwhich the legal limit is lower. Accordingto the Government, it is fundamental tostrengthen awareness-raising campaignsand, especially, to monitor their actualimpact. In these campaigns, the Gover-nment invests each year about 3.25million pounds (more than 3.6 millioneuro).

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DRINKING AND DRIVING IN ITALY

DRINKING AND DRIVING

Current Italian legislation sets the legalblood alcohol content limit at 0.5 gramsper liter: driving a motor vehicle beyondthis limit – and, hence, under theinfluence of alcohol – is a crime puni-shable within the meaning of Art. 186 ofthe highway Code.In particular, five different cases are con-templated:

1) If the driver is found with a bloodalcohol content higher than 0.5 and notexceeding 0.8 grams per liter (g/l) (Art.186, co.2, lett.a). This, unless it results in a moreserious offense, involves the followingpunishment:- a fine in the maximum amount of euro2,000,- suspension of driver’s license for aperiod of three to six months,- a 10 demerit point reduction on the dri-ver’s license.

2) If the driver is found to have a bloodalcohol content higher than 0.8 and notexceeding 1.5 grams per liter (g/l) (Art.186, co.2, lett.

b). this, unless it results in a moreserious offense, involves the followingpunishment:- a fine of euro 800 to euro 3,200,- a maximum of six months detention,- suspension of the driver’s license for aperiod of six to twelve months,- a 10 demerit point reduction on the dri-ver’s license.

3) if the driver is found to have a bloodalcohol content higher than 1.5 gramsper liter (g/l) (Art. 186, co.2, lett c).This, unless it results in a more seriousoffense, involves the following puni-shment:- a fine of euro 1,500 to euro 6,000.- a maximum of one year detention,- suspension of the driver’s license for aperiod of one to two years,- a 10 demerit point reduction on the dri-ver’s license.

4) If a drunken driver causes a road acci-dent (Art. 186, paragraph 2 bis):- the penalties set out in co. 2, lett. c) aredoubled,- immobilisation of the vehicle for a 90-day period, unless the vehicle belongs toa person not involved in the offense.

REGULATIONS


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Supplementary worksheet - Italy

5) If the driver refuses to submit to abreath or other test, he or she will bepunished as follows:- a fine of up to euro 6,000,- a maximum of one year detention,- suspension of the driver’s license for aperiod of up to two years,- a 10 demerit point reduction on the dri-ver’s license.

A conviction always includes the confi-scation of the vehicle with which thedriver committed the offense, unless thesame vehicle belongs to a person notinvolved in the offense.In some cases, infringers may be subjectto additional penalties:- in case of death caused by negligence:the court inflicts the additional admini-strative sanction of revocation of thedriver’s license;- the fine is increased by one third to onehalf when the offense is committed bet-ween 10 p.m. and 7 a.m..- The driver’s license is always revokedwhen the offense is committed by thedriver of a bus or of a vehicle with amaximum gross weight exceeding 3.5tons or of a complex vehicle, or in caseof repeat infringement within a two-yearperiod.

MEASURING THE BLOOD ALCOHOL CONTENT

The bodies in charge of performing theduties of the Polizia Stradale (n.d.T.:Italian Traffic Police) (as per Art. 12 ofthe Italian highway Code), in accor-dance with the rules issued by theMinistry of the Interior, with due respectfor personal privacy and without preju-dice to the right to physical integrity, areauthorized by law to submit drivers to

non-invasive quality measurements ortests, also through the use of portabledevices (Art. 186, co. 3).If the results of such quality tests arepositive, in any case where an accidenthas occurred or when there are reasonsto believe that the driver of the vehicleis in a state of psycho-physical alterationdue to the influence of alcohol, the traf-fic police officer is authorized, also byaccompanying the driver to the neareststation or office, to perform the testusing the devices and in accordance withthe procedures set out in the regulations(Art. 186, co. 4).In the case of drivers involved in roadaccidents and subject to medical treat-ment, the blood alcohol content test canbe performed, at the request of the trafficpolice bodies, by the basic health carestructures or accredited or equivalentorganizations. The health care structurewill then issue the related certification tothe traffic police body, including the pro-gnosis of injuries suffered, guaranteeingdata privacy as according to the applica-ble law (Art. 186, co. 5).With respect to cases where the resultsof such tests are not immediately availa-ble, but the quality tests (co. 3) producedpositive results, if there are reasonablegrounds to believe that the driver is in astate of psycho-physical alteration due tothe influence of alcohol, the trafficpolice body may confiscate the driver’slicense until the results of the tests aremade available and, in any case, for amaximum period of ten days. The confi-scated driver’s license is kept by theoffice or station to which the assessingbody reports.If the test (co. 4 e 5) measures a bloodalcohol content higher than 0.5 gramsper liter (g/l), the driver is considered

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impaired and, hence, subject to puni-shment (co. 2).Through the preliminary ruling thatleads to the suspension of the driver’slicense within the meaning of para-graphs 2 and 2bis, the Prefect orders thedriver to submit to a medical examina-tion within the meaning of Art. 119,paragraph 4, which must be compliedwith within 60 days. If the driver doesnot submit to the examination within theprescribed term, the Prefect may, as aprovisional measure, suspend the dri-ver’s license until he or she hassubmitted to the medical examination.

ASSESSING THE STATE OF DRUNKENNESS

The state of drunkenness of a driverwithin the meaning of Art. 186, para-graph 4, of the Italian highway Code, isassessed through a breath test: if theexhaled air alcohol content is equal to orhigher than 0.5 grams per liter (g/l), thedriver is considered to be in a state ofdrunkenness. A breath test result abovethe limit of 0.5 grams per liter must be

repeated a second time, after a 5 minuteinterval. The device used to measure theconcentration of alcohol in exhaled air iscalled ethylometer.This device must not only be able todisplay the measurement results, but itmust also be able to print a documentsupporting the measured results. Ethylo-meters must satisfy the requirementsestablished in the technical specifica-tions to be approved through decree bythe Ministry of Transport and naviga-tion in agreement with the Ministry ofhealth. The requirements are subject torevision through resolution by the sameMinisters, should particular circumstan-ces or technical changes so warrant.When proceeding with the aforesaidtests, or when the need arises to docu-ment a driver’s refusal to submit to suchtests, the subjects in charge of drawingup the related violation report within themeaning of Art. 347 of the Code of Cri-minal Procedure shall in any case beresponsible for including a descriptionof the symptomatic circumstances indi-cating a state of drunkenness, inferred inparticular by the driver’s conditions anddriving behaviour.

DRINKING AND DRIVING STATISTICS

In Italy, there is a heated debate on thecorrect assessment of alcohol-relatedroad accidents. The official ACI-ISTATstatistics show that the percentage oftotal road accidents caused by drinkingand driving is slightly above 3%. It isevident, however, that this figure isunderestimated, due to both the methodadopted to gather information after anaccident has occurred, and to how theinformation sheet is drawn up. A higherdegree of accuracy during this stage

would certainly produce higher values. On the other hand, the significantincrease in the number of police checksand, as a consequence, of penaltiesinflicted in recent years shows that thedrinking and driving phenomenon isassuming larger proportions. It is likelythat, if the police forces had greaterresources available, both in terms ofmore police officers deployed to carryout road checks, and in terms of moredevices for measuring blood alcohol

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Tab. 18 - Road accidents, casualties and injuries 2007-2008Absolute values and percentage values

Source: ACI-Istat 2009

content (ethylometers), the statisticsavailable would be able to provide amore accurate picture of thephenomenon in Italy, with values

ranging closer to those of the majorEuropean countries.

Tab. 19 - Ascertained or presumed causes of road accidents - Year 2008

Source: ACI-Istat 2009


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Worthy of note is the driver’s alteredpsycho-physical state, which, although itdoes not account for a large percentageof the total number of accidents (3.1%),is the cause of serious accidents. Themain causes falling within this categoryare the following: driving under theinfluence of alcohol (5,920 cases, equalto 68.1% of the category), illness,assumption of drugs and sleep, which,being responsible for 2,534 cases,account for 29.1% of all accidents. Thisfigure must be considered in the light ofthe method used for gathering dataduring findings. In many cases, in fact,only the violation of the highway code isreported (speeding, driving in the oppo-site lane, failing to give the right-of-way,running a red light) and not the under-lying cause which triggered the accident,which is often related to the influence ofalcohol or drugs. defects and failures inthe vehicle accounted only for 1,076accidents, that is, 0.4% of the total. Pedestrian’s incorrect behaviour accoun-

ted for 9,547 cases, with a 3.4% inci-dence on the total causes of accidents.According to road traffic police data, asignificant increase was registered in thenumber of road checks carried out bet-ween 2006 and 2009. In particular, thenumber of road checks targeted towarddrinking and driving infringers increasedfrom approx. 250,000 checks/year in2006 to 800,000 in 2007 and almost1,400,000 in 2008. This figure accountsfor nearly 4% of the total number of exi-sting driver’s licenses (6) (Source:Ministry of Infrastructures and Tran-sport). Such increase was also due to theprovision of new breath tests (approx.800) and precursors (approx. 2200)made available to the Polizia Stradaleand Carabinieri by the Ministry of Infra-structures and Transport. Following these checks, the total num-ber of violations ascertained by thePolizia Stradale alone in 2009 for drin-king under the influence of alcohol (Art.186 of the highway Code) was 26,912.

Tab. 20 - Polizia Stradale Patrols

Source: Processing of data obtained from the Polizia di Stato (N.d.T.: State Police) website: www.

poliziadistato.it

(6) The figure refers to checks carried out by the Polizia Stradale and Carabinieri

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Tab. 21 - Infringements ascertained by the Polizia Stradale for drivingunder the influence of alcohol

Source: Processing of data obtained from the Polizia di stato website: www. poliziadistato.it

In addition to these, other checks werecarried out by the Carabinieri and by theMunicipal Commissioners of Police, the

results of which, if available, are shownin the following table.

Tab. 22 - Infringements reported by Local Police Bodies (2007 - 2008) fordrinking and driving offenses and availability of breath test devices (2007)


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Source: ACI and Caracciolo Foundation processing of data provided by Local Commissioners of Police


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Although the data are incomplete, andthey refer to the number of fines inflic-ted (and not to the number of checkscarried out, which one would hopewould be greater), it is fairly evident thatsuch a small number of breath test devi-

ces available to operators to ascertain thestate of alteration due to the influence ofalcohol will certainly not increase signi-ficantly to reach the levels registered inFrance, England, or in other countries.

FIRST SIX MONTHS OF 2008

The Osservatorio Permanente delle Stragi del Sabato Sera (oPSSS) (n.d.T.: Per-manent Observatory for the Saturday night Massacre), a body set up at theMinistry of the Interior, provides information on the road checks carried out at theweek-end using breath tests and the related blood alcohol content measurementsperformed throughout Italy by the State Police and Corps of Carabineers over thefirst six months of 2008.

*One patrol can set up more than one check point as part of the same operation

Tab. 23 - Drinking and driving checks and results

Source: Processing of data from OPSSS first semester 2008 study

Tab. 24 - Test results by blood alcohol content bracket

Source: Processing of data from OPSSS first semester 2008 study: results of breath tests per-formed at week-ends by Traffic Police and Corps of Carabineers throughout Italy,disaggregated by gender and blood alcohol content bracket. The data shown in the tablerefer strictly to drivers whose blood alcohol content exceeded the legal limit (0.5 g/l)

FOCUS: THE SATURDAY NIGHT MASSACRE

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Analysis of the study data shows that: - the number of tested drivers: 126,262 increased by 25.16% compared to the sameperiod of 2007;- the number of drivers who tested positive for alcohol: 12,756 decreased by 1,009compared to the same period of 2007;- the percentage ratio between positive drivers and drivers tested in the first seme-ster 2008 was equal to 10.10%, whilst in the first semester of 2007 it was 13.64%.

FIRST SIX MONTHS OF 2009

Tab. 25 - Breath tests by gender

Processing of data from OPSSS first semester 2008 study: results of breath tests performed atweek-ends by Traffic Police and Corps of Carabineers throughout Italy, disaggregated by gen-der and blood alcohol content bracket. The data shown in the table refer strictly to drivers whoseblood alcohol content exceeded the legal limit (0.5 g/l)

Tab. 26 - Blood alcohol content checks by blood alcohol content categories

Source: Processing of data from OPSSS first semester 2009 study

The distribution of blood alcohol content, although it remained essentially stableover the two years examined (2008 and 2009), registered a slight decrease in 2009:the intensity of the higher blood alcohol content categories appears lower (above1.5 g/l), decreasing from 2.78% in 2008 to 2.18% in 2009, as was also the case forthe immediately lower bracket of blood alcohol content (1.5 – 1.8 g/l), whichdecreased from 3.56% to 3.27%. These two extreme blood alcohol content cate-gories combined 2.78+3.56 = 6.34% in 2008 and 2.18+3.27 = 5.45% in 2009,show a significant downward trend (-1%). More generally, the OPSSS data indi-


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those commonly known as bouncers),and thirdly, experimenting new servicesas potential applicable measures, such asthe designated driver service for thosewho are not up to driving after a nightout. Essentially, the aim of the initiativewas to prevent the various forms ofdegeneration directly from the pubs andnight clubs, and to involve the sameowners and managers in the process.

“DRUG ON STREET: NO CRASH” PROJECT

As a countermeasure against the massa-cres caused by those who drive underthe influence of drugs or alcohol, the“Drug on street: no crash” project waspromoted by the undersecretary to thePresidency of the Council in charge ofanti-drugs policies, Mr. Carlo Giova-nardi. The project consisted in theperformance of clinical and toxicologi-cal examinations on drivers who werestopped at road checks to assess the pre-sence of any forms of alteration.

cate a decreasing trend in the percentage of those who tested positive out of thetotal number of tested drivers.

Tab. 27 - Drivers under the influence of alcohol out of the total of tested drivers

Source: Processing of data from OPSSS first semester 2009 study: percentage, by gender, ofdrivers who tested positive with the breath test (above 0.5 g/l) among the total number of dri-vers tested by the authorities

“RED NOSE OPERATION” PROJECT

This initiative, promoted and conductedby the Ministry of youth in 2009, invol-ved the deployment across ten ItalianRegions of approximately 300 operators,trained by the Istituto Superiore diSanità (n.d.T.: Superior health Insti-tute), which, in collaboration with thenight club owners, involved all staffmembers and collaborators, including‘bouncers’, in providing information andmaking customers aware of their respon-sibilities, also giving them theopportunity to try a breath test outsidethe various clubs. The designated driversolution was also experimented. The «red nose operation» was an expe-rimental project carried out by theIstituto Superiore di Sanità, which deve-loped along three main lines: first,bringing volunteers to the pubs andnight clubs to provide drug and alcoholabuse prevention information and coun-ter information, secondly, training puband night-club operators (bartenders and

The activities were carried out in colla-boration between the Unità di diagnosiClinica e Tossicologica (n.d.T.: Clinicaland Toxicological diagnosis Unit), for-med by medical and health carepersonnel, and law enforcement agen-cies. In the Province of verona, wherethe experiment was launched, fromAugust 2007 to december 2009, 1,718individuals were examined, of which45.1 percent tested positive for alcoholand drugs. From the data obtainedduring this initial stage of experimenta-tion emerged that 16.4% of subjects whotested negative with the breath teststested positive for drugs. In the light ofthese data, the department for Anti-drugPolicy extended the initiative to involvethe Prefectures, the Regional Councilsand the Autonomous Provinces, distribu-ting information material and a kit forperforming the examinations throughoutthe territory. Currently, 29 Municipali-ties have already adhered to the initiativeand, since 2009, part of the Fund forroad accidents occurring at night will beallocated to fostering any road accident-prevention initiatives.

“ALCOHOL AND DRUG” CAMPAIGN

TISPOL, the European Traffic Policenetwork, scheduled the European jointcampaign entitled “Alcohol and Drugs”,for 8-14 december 2008. TISPOL is aEuropean network for traffic police for-ces which was established in 1996 underthe aegis of the European Union, towhich 29 European countries are party,among which Member States and coun-tries belonging to the EU CommonArea. Since 2003, Italy has been repre-sented by the Servizio Polizia Stradale(n.d.T.: Traffic Police) of the Ministry

of the Interior. The aim of the organiza-tion is to develop an operationalcooperation between the various Euro-pean Traffic Police forces for reducingthe toll of road traffic accidents, by orga-nizing international joint operations and“theme” campaigns throughout Europe,to be set up within specific strategicalareas. Their purpose consists in raisingroad safety standards, and harmonizingprevention, information and control acti-vities, also through joint campaigns andoperations, the results of which will bemonitored by the TISPOL operationalTeam. The aim of the joint campaignentitled "Alcohol and Drugs", held bet-ween 8 and 14 december 2008, was toperform at least 1,000,000 checks inEurope to assess cases of driving underthe influence of alcohol or drugs. TheServizio Polizia Stradale set up targetedcheck points throughout the national ter-ritory, equipped with precursors andbreath test devices, operating 24 hours aday for the entire period in question,paying particular attention also to dri-vers of heavy and commercial vehicles,also setting up cross-border check pointsjointly with the Traffic Police forces ofFrance, Switzerland, Austria and Slove-nia.

OTHER NATIONAL PROJECTS

- national campaign entitled ICARO,aimed at raising the awareness of se-condary high school students;- Information and prevention campaignentitled “Guido con Prudenza” (n.d.T.:drive Carefully) aimed at raisingyoung people’s awareness of the risksassociated with drinking and driving;- the “designated driver” figure, con-templated also by the self-regulatory


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ethical code for road safety, in agree-ment with the associations of pub andnight club owners and alcoholic beve-rages producers;- the “Guido con Prudenza” Camper,which offers young people, both in theafternoons along the seaside and in theevenings at the entrance of night clubsand disco, the opportunity to live theexperience of driving under the in-fluence of alcohol or drugs on a safedriving simulator.

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Annex

1

QUESTIONNAIRE SUBMITTED TO SAMPLE OF INTERVIEWEES

PART A

ALCOHOL-RELATED ACCIDENTS AND SOBRIETY INSPECTIONS

Year of reference 2000 2005 2009

��

��

��

��

��

��

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PART B

PREVENTION AND CONTROL CAMPAIGNS

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2

PART C

REGULATIONS

65


ACKNOWLEDGEMENTS

The survey was conducted in collaboration with the automobile Clubs and LocalCommissioners of Police of:

Austria (Osterreichischer Automobil)Belgium (Touring Club Belgique)Bulgaria (union of Bulgarian Motorists)France (Automobile Club Association Français des Automobilistes)Germany (Allgemeiner Deutscher Automobil Club)Luxembourg (Automobile Club du Grand-Duchè de Luxembourg)United Kingdom (Automobile Association)Czech Republic (Ustredni Automotoklub Ceske Republiky)Slovenia (Auto-moto zveza Slovenije)Spain (Reial Automobil Club de Espana)

Berlin (Der Polizeipräsident in Berlin)Budapest (Budapesti Rendőr-főkapitányság)Capo d’Istria (Police Directorate Traffic Police Division)Helsinki (Helsingin kihlakunnan poliisilaitos)La Valletta (Malta Police General Headquarters)Nicosia (Cyprus Police Headquarters)Madrid (Cuerpo de Policia Municipal de Madrid)Warsaw (Warsaw Metropolitan Police)Vienna (Bundespolizeidirektion Wien)

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TABLE OF CONTENTS

INTRODUCTION 3

PART 1STATISTICAL ANALYSIS OF ALCOHOL-RELATED ROAD ACCIDENTS 7

PART 2ANALYSIS OF REGULATIONS 15

PART 3ANTI-DRINK DRIVING INITIATIVES 26

SUPPLEMENTARY WORKSHEETDRINKING AND DRIVING IN FRANCE 34

SUPPLEMENTARY WORKSHEETDRINKING AND DRIVING IN THE UNITED KINGDOM 43

SUPPLEMENTARY WORKSHEETDRINKING AND DRIVING IN ITALY 51

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