Legislation on alcohol detection in alcohol-related traffic accidents involving casualties in Japan and Canada.

Abstract

A comparative study of the law concerning the arrest and conviction of alcohol-related casualty traffic accident was made between Japan and Canada. In Japan, the incidence of alcohol-related traffic accident has declined since 1970, but the number of fatal traffic accidents remains unchanged over the last 6 years, and amount to 9% of the total number of fatalities in traffic accidents. Hence, an effort is being made to reduce this number. According to the Road Traffic Act, a driver can be convicted for drunken driving if his or her blood alcohol level is above 0.5 mg/ml or above 0.25 mg/l in exhaled air, and if driver is judged as a drunken state by sobriety test. Unlike Canada, however, police officer cannot demand a blood sample from a suspected drunken driver. Instead, they must rely on the breath analysis and sobriety test. These tests are considered to be less accurate than blood test. These drawbacks are reflected in a number of court cases which are related to the relationship between alcohol concentration and the state of driving. In Canada, the operation of a motor vehicle with a blood alcohol level of over 0.8 mg/ml is a criminal offense punishable by fine or imprisonment or both, and results in the suspension of driving privileges for 6 months. Initially, a breath alcohol analysis is performed on everyone suspected of motor vehicle after consuming alcohol within the preceding two hours. Subsequently, with the suspect's consent, a police officer is allowed to request a blood sample for further analysis.(ABSTRACT TRUNCATED AT 250 WORDS)