This paper examines the similarities and differences in driving while impaired (DWI) laws in the United States (US) and Canada. Essentially all DWI law in the US is governed by state statutes, while many Canadian policies are a part of the Canadian Criminal Code, set by the national Parliament. The federal government in the US has attempted to use financial incentives in order to encourage states to pass more stringent DWI laws, and in particular, a blood alcohol concentration (BAC) limit for DWI of 80 mg%; open container laws, and more severe sanctions for repeat DWI offenders. Legislative records and history have been reviewed in order to determine dates of passage of laws as well as introductions of policy that failed to become law. Records include text of legislation as well as oral and written testimony. A comparison of the dates of enactment of laws in US states and Canadian provinces was made for BAC limits, administrative per se laws, special BAC limits for young drivers, and sanctions for DWI convictions. Federal legislation that provides incentives for passage of state laws in the US has not resulted in across the board passage of .08 or open container laws. Canadian provinces have uniformly lower BAC limits, and stricter penalties for DWI violations. (Author/publisher) For the covering abstract of the conference see ITRD Abstract No. E201067.
Samenvatting