NCJ Number
54996
Date Published
1978
Length
146 pages
Annotation
THE STATUS OF DRINKING-AND-DRIVING LAWS IN NORWAY, DENMARK, FINLAND, AND SWEDEN IS DISCUSSED, ALONG WITH THE HISTORY OF THESE LAWS.
Abstract
THE FIRST DRINKING-AND-DRIVING LAWS IN THE SCANDANAVIAN COUNTRIES WERE PASSED IN THE LATE 1920'S AND 1930'S, AND VARIOUS UPDATES AND REFORMS OF THESE EARLY EFFECTS AIMED AT ESTABLISHING MEASURES FOR DETERMINING WHO IS A 'DRUNKEN' DRIVER. IN DENMARK, A 1976 TRAFFIC ACT DISTINGUISHES BETWEEN 'PRO MILLE' DRIVING AND 'DRUNKEN DRIVING. A DRIVER WHOSE BLOOD ALCOHOL LEVEL CONTENT (BAC) EXCEEDS 0.8 PRO MILLE CAN BE PENALIZED BY A FINE, AND A DRIVER WHOSE BAC EXCEEDS 1.2 PRO MILLE IS DRUNK AND CAN BE IMPRISONED. THE FINNISH PARLIAMENT PASSED ITS FIRST MOTOR VEHICLE ACT IN 1926, UPDATED IT IN 1937 TO PROVIDE PENALTIES FOR DRUNKEN AND CARELESS DRIVING, AND LATER REFORMED THE 1937 LAW TO INCORPORATE A PROPOSAL BY THE NATIONAL TRAFFIC COUNCIL CALLING FOR CLASSIFICATION OF DRUNKEN DRIVING OFFENSES ON THE BASIS OF BLOOD ALCOHOL LIMITS. CONVICTION OF DRUNKEN DRIVING CAN RESULT IN LOSS OF DRIVER'S LICENSE. AS EARLY AS 1926, NORWEGIAN LAW INCLUDED PENALTIES FOR DRUNKEN DRIVING, BUT NO METHOD FOR DETERMINING WHO WAS A DRUNKEN DRIVER EXISTED. A LATER PROVISION AUTHORIZED BLOOD ALCOHOL TESTS AND MADE DRUNKEN DRIVING A CRIMINAL OFFENSE. LOOPHOLES IN THIS LAW WERE CAUSING CONVICTION DIFFICULTIES AS LATE AS 1975. DRIVERS COULD BE ACQUITTED IF THEIR BAC DID NOT EXCEED 1.5 PRO MILLE EITHER AT THE TIME OF ARREST OR AT THE ACTUAL TIME OF DRIVING. SWEDISH LAW AVOIDS THIS DIFFICULTY BY STATING THAT THE BAC MUST NOT EXCEED 1.5 PRO MILLE EITHER AT THE TIME OF DRIVING OR IN THE PERIOD FOLLOWING TERMINATION OF DRIVING. A TABLE INDICATING THE NUMBER OF PERSONS CONVICTED OF DRUNKEN DRIVING OFFENSES IN THESE COUNTRIES BETWEEN 1935-1975 IS PROVIDED, ALONG WITH REFERENCES. (DAG)