Jump to content
Invision Community
FORUMS BLOG/NEWS USER BLOGS USER MEDIA ADVERTS   ADD  MANAGE CHAT CLUBS & USER'S PERSONAL FORUMS LINK EXCHANGE
META-99 SEARCH ENGINE             CONTACT US
Sign in to follow this  
Guest Wikipedia

Australia & Canada

Recommended Posts

Guest Wikipedia

Australia
In Australia it is a criminal offence to drive under the influence of alcohol if one's level of alcohol is 0.05% or greater (full licence) or if one's level of alcohol is greater than 0.00% (learner/provisional). Australian police utilise random breath testing stations, and any police vehicle can pull over any vehicle at any time to conduct a random breath or drug test. People found to have excessive alcohol or any banned substances are taken to either a police station or a random breath testing station for further analysis. Those over 0.08% will receive an automatic disqualification of their licence and must appear in court.

Canada
The Federal government of Canada has adopted truth in sentencing laws that enforce strict guidelines on sentencing, differing from previous practice where prison time was reduced or suspended after sentencing had been issued.

In Canada, refusal to blow into a blood alcohol testing device provided by a police officer carries the same penalties as being found guilty of drunk driving.

Commentary varies on taking Standardised Field Sobriety Tests (SFSTs) in Canada. Some sources, especially official ones, indicate that the SFSTs are mandatory, whereas other sources are silent on FST testing. The assertion regarding mandatory compliance with SFSTs is based on "failure to comply with a demand", as an offence under § 254(5) of the Criminal Code, but it is unclear how refusal of SFSTs are treated (provided the suspect agrees to take a chemical test). There are some reports that refusal to submit to an SFST can result in the same penalties as impaired driving.

Nevertheless, it is unclear whether there has ever been a prosecution under this interpretation of "failure to comply with a demand" as applied to SFSTs. Canada Criminal Code § 254(1) and (5) addresses this, but only with respect to chemical testing (breath, blood, etc.)

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

×
×
  • Create New...