NCJ Number
54997
Date Published
1978
Length
33 pages
Annotation
LEGAL PROVISIONS RELATED TO DRIVING WHILE INTOXICATED IN THE SCANDINAVIAN COUNTRIES OF DENMARK, FINLAND, NORWAY, AND SWEDEN AND THE USE OF BLOOD ALCOHOL TESTS ARE CONSIDERED.
Abstract
IN DENMARK, THE FIRST MOTOR VEHICLE ACT WAS PASSED IN 1903, STIPULATING THAT INTOXICATED PERSONS WERE NOT PERMITTED TO DRIVE. ABOUT 1920, THE GOVERNMENT DECIDED THAT THE TERM INTOXICATED WAS DEFINED TOO NARROWLY IN THE ACT. A RULE WAS ADDED IN 1921 STATING THAT DRIVERS OF MOTOR VEHICLES INCURRED A PENALTY IF UNDER THE INFLUENCE OF ALCOHOL AND LACKING CONTROL OVER THEIR ACTIONS. BEING UNDER THE INFLUENCE OF ALCOHOL WAS DEFINED IN RELATION TO A PERSON'S ABILITY TO DRIVE IN A RESPONSIBLE MANNER. THE MOTOR VEHICLE ACT WAS AMENDED IN 1932 AND EMPHASIZED THE CRITERION THAT REMAINED THE SOLE DECISIVE FACTOR IN THE ISSUE OF DRUNKEN DRIVING UNTIL 1976, NAMELY WHETHER A PERSON IS INCAPABLE OF DRIVING IN A SATISFACTORY MANNER. FINES WERE NOT USED AS A FORM OF PENALTY IN THE 1930'S SO MUCH AS IMPRISONMENT OR SUSPENSION OF THE DRIVING LICENSE. IN FINLAND, DRUNKEN DRIVING WAS MADE A CRIMINAL OFFENSE IN 1926. THE INTOXICANT ACT WAS PASSED IN 1932, AND THE ALCOHOLIST ACT WAS ENACTED IN 1936. THERE WAS A SIGNIFICANT INCREASE IN THE LATE 1930'S FROM USE OF FINES TO UNCONDITIONAL IMPRISONMENT, AND THIS POSSIBLY DECREASED THE RATE OF CRIMINALITY IN THIS AREA. THE ROAD TRAFFIC ACT WAS PASSED IN 1957 AND CONFERRED ON COURTS THE POWER TO REVOKE DRIVERS' LICENSES. IN THE 1960'S, PUNISHMENT FOR DRUNKEN DRIVING BECAME MORE SEVERE, BUT DRUNKENNESS WAS DECRIMINALIZED IN 1969 AS A MORAL CLIMATE TOLERANT TO ALCOHOL DEVELOPED. THE PUBLIC DISCUSSION STARTED UP AGAIN IN 1971 WHEN A STATISTICAL REPORT SHOWED THAT DRUNKEN DRIVING WAS INCREASING AT AN ACCELERATED RATE. IN NORWAY, ACTS DEALING WITH MOTOR VEHICLES WERE PASSED IN 1912 AND 1926. THE LATTER ACT DREW A DISTINCTION BETWEEN DRIVING UNDER THE INFLUENCE OF ALCOHOL AND DRUNKEN DRIVING. IT WAS AMENDED IN 1935 REQUIRING THAT A MEDICAL EXAMINATION TO PROVE INTOXICATION INCLUDE THE TAKING OF A BLOOD SPECIMEN, AND IT ALSO LED TO CERTAIN CHANGES OF A PENAL NATURE. THE ACT, HOWEVER, DID NOT SPECIFY THAT A CERTAIN BLOOD ALCOHOL CONCENTRATION AUTOMATICALLY INCUR A PENALTY. IN SWEDEN, AN ACT RELATING TO AUTOMOBILE TRAFFIC WAS PASSED IN 1906 THAT INCLUDED A PROVISION STATING THAT A LICENSE TO DRIVE WOULD ONLY BE ISSUED TO THOSE WHO HAD A REPUTATION FOR SOBRIETY AND GOOD CONDUCT. THE FIRST INDEPENDENT PENAL PROVISION REGARDING DRUNKEN DRIVING WAS INTRODUCED IN 1925. AN ACT IN 1934 CONCERNED BLOOD TESTS IN CRIMINAL CASES AND EXPRESSLY AUTHORIZED METHODS OF PERFORMING BLOOD ANALYSES. IN 1951, PENAL PROVISIONS DEALING WITH TRAFFIC OFFENSES AND ALCOHOL WERE TRANSFERRED TO A NEW ACT FOCUSING ON PUNISHMENT FOR CERTAIN TRAFFIC OFFENSES. THE SPEED LIMIT FOR DRIVING WAS REDUCED, AND A TEMPORARY LAW WAS INTRODUCED IN 1974 THAT PROVIDED FOR THE CONDUCT OF ROUTINE BREATH TESTS FOR THOSE SUSPECTED OF BEING UNDER THE INFLUENCE WHILE DRIVING. DATA ON THE NUMBER OF ALCOHOL-RELATED OFFENSES IN THE FOUR COUNTRIES FROM 1935 TO 1975 AND ON DEVELOPMENTS IN LEGISLATION ARE PROVIDED IN TABULAR FORM. NOTES ARE INCLUDED. (DEP)