Make Scotland's roads safer – Reduce drink driving limits
December 2007
Summary
BMA Scotland supports a reduction in the drink drive limit because:
- There is clear evidence that this will reduce the number of deaths and serious injury caused by drink driving.
- Drivers’ reaction times and motoring skills deteriorate after even a small amount of alcohol – and gets worse with increased alcohol consumption.
- The risk of involvement in a collision rises significantly once the blood alcohol level rises above 50mg per 100ml of blood.
- Evidence from other countries suggests that this lower limit saves lives.
Introduction
Drink driving continues to be a hazard on Scotland’s roads. In 2005, 30 people were killed and there were 660 drink driving related accidents involving 990 casualties [Reference 1]. Legislating to reduce the drink drive limit is a matter reserved to Westminster, however despite public support and international experience, the UK Government has so far failed to do so. BMA Scotland is therefore calling upon MSPs and the Scottish Government to exert pressure on the UK Government and demand action to reduce drink driving limits from 80mg/100ml [Reference 2].
Scientific evidence from around the world has agreed that when a person’s alcohol level is over 50mg their driving is impaired. It has been estimated by University College London that a reduction to the drink driving limit from 80mg to 50mg will prevent around 65 deaths in the UK each year [Reference 3]. Nearly every European country has a 50mg or lower limit and the UK needs to follow this lead [Reference 4].
The Association would also like to see provision to allow the police to carry out roadside random breath tests – currently only drivers suspected of being over the limit can be tested by police. This measure is a vital element in deterring people from drinking and driving.
Current statistics [Reference 5]
In 2006, 59% of motorists involved in injury accidents were asked for a breath test. The breath test proved positive (or the driver refused to take the test) for 4.1% of those drivers breathalysed. This figure has not changed much in the past five years although it did appear to rise in 2006.
Estimates show that the number of drink driving accidents has fallen by 16% and the number of casualties by 18% in the last 10 years from around 790 to 660 (accidents) and 1,210 to 990 (casualties) respectively.
Although there has been a general downward trend in the overall number of drink driving related accidents of all severities (790 in 1995 and 750 in 2005), this is not reflected in the number of fatal casualties which, although it fell in 2005, remains at an average of 50 deaths per year, the same as 10 years ago.
Why reduce from 80mg – 50mg?
The relative risk of accident involvement increases significantly above 50mg. The BMA believes that a reduction in the BAC level will prevent deaths and reduce the number of lives ruined by drink drivers.
In a 2005 Parliamentary Advisory Council for Transport Safety (PACTS) research briefing, Professor Richard Allsop, now Emeritus Professor at the Centre for Transport Studies at University College London, concluded that lowering the BAC level could be expected to lead to about 65 fewer deaths and 250 fewer serious injuries per year. This estimate is based on the 2003 road casualty figures [Reference 6].
The Government’s own estimate in 1998 was that reducing the limit to 50mg could save around 50 lives and 250 serious injuries a year [Reference 7].
There is some reason to suggest that reducing the limit may also reduce the numbers of drivers who are seriously over the limit. When made aware of the very low level of alcohol permitted under stricter laws, heavier drinkers who may be repeat offenders are likely to drink less. They may still exceed the limit, but by less which improves their health and somewhat reduces the risk they pose on the roads.
There is really no excuse for keeping the level at 80mg. Nearly every European country has a 50mg or lower limit and the UK needs to follow this lead. Every death represents a family tragedy and every serious injury can be devastating for the person involved and their relatives.
Alcohol levels
Any amount of alcohol affects an individual’s ability to drive safely yet some drivers still think it is safe to have a couple of drinks before getting behind the wheel.
The alcohol content of drinks is measured in units. The number of units in a drink depends on the type of drink. Beer, wine and spirits all contain a different number of units as do different types of these drinks.
Some people wrongly think they calculate their safe driving limit by the number of units they consume but the fact is that driving skills are affected after just one unit. This means the risk of being involved in a crash is higher even if you are below the legal limit.
Although the only safe option for drivers must be “Don’t drink then drive”, having a 50mg limit is a simpler message for drinkers to understand. The current 80mg limit is complex. It is difficult for people to work out what they can drink. This is dependent on body size, gender, age and whether food is consumed. With a reduced limit, one pub measure of alcohol is all that would be allowed; compliance would increase as it would be easier to understand.
The simple message is that no more than one unit should be allowed. As a general guide, the following drinks contain one unit:
- A small (125ml) glass of wine at 9% ABV
- A 25 ml measure of spirit at 40% ABV
- Half a pint of ordinary strength lager/beer/cider at 3.5% ABV
How does alcohol affect driving?
Drinking can give drivers a false sense of confidence but will also impair them in many ways by affecting the central nervous system. Even staying within the current limit, driving can be affected by drinking alcohol.
The impairment effects of drinking alcohol on drivers are:
- Slower driver reaction times
- Increased stopping distance
- Reduced co-ordination
- Poorer judgement of speed, time and distance
- Reduced field of vision
- Reduced concentration
- Over-confidence, making it more likely that risks will be taken
Blood alcohol concentration level reduction
A new impetus is required to reduce the toll of injury and death caused by drink driving. The law should be tightened up to achieve the UK Government’s (and Scottish Government) target for a 40% reduction in the number of people killed or seriously injured (KSI) in road accidents by 2010 [Reference 9].
In the late 1990s, a House of Lords Select Committee report on blood alcohol levels for drivers recommended a reduction in the BAC level to 50mg [Reference 10]. The Government in 1998 indicated that it was ‘minded’ to lower the drink drive limit to 50mg [Reference 11]. At the time, the Government had been looking to the European Commission to take action. Eleven countries of the European Union at that time already had a BAC level for driving of 50mg/100ml or less and as a result the European Commission adopted a recommendation in January 2001 which proposed harmonisation of the BAC level at 50mg or below. This recommendation however, was not binding on member states and the Government announced in 2002 that it had no plans to make a change to the drink drive limit [Reference 12].
There is widespread support among the public for lower limits. In response to the consultation paper “Combating Drink Driving: Next Steps”, of those who responded, 79 per cent were in favour of a lower limit, 14 per cent were against and the remainder had no clear view [Reference 13].
In the Second Review of Road Safety Strategy, published in February 2007 [Reference 14], the UK Government stated that it would keep under review the case for a reduction in the BAC but that its main priority was to improve enforcement of the current limit.
Why not go for a zero level?
The BMA is not proposing a zero limit because there will be cases where an individual would register slightly above zero even if they had not been drinking; diabetes and the use of mouthwash can both cause an above-zero level. The BMA doubts whether an absolute zero would be enforceable and acceptable to the public but argues that a 50mg level, which would bring the UK in line with most other European countries would be effective and beneficial.
Experience in other countries
The 23 European Union countries with a 50mg or less BAC are:
Austria (50mg), Belgium (50mg), Bulgaria (50mg), Cyprus (to change from 90mg to 50mg), Czech Republic (0mg), Denmark (50mg), Estonia (20mg), Finland (50mg), France (50mg), Germany (50mg), Greece (50mg), Hungary (0mg), Italy (50mg), Latvia (50mg), Lithuania (40mg), Netherlands (50mg), Poland (20mg), Portugal (50mg), Romania (0mg), Slovakia (0mg), Slovenia (50mg), Spain (50mg) and Sweden (20mg).
Only UK, Ireland, Luxembourg and Malta have an 80mg limit [Reference 15].
Random Breath Testing
Stricter enforcement is a vital element in deterring people from drinking and driving. Random breath testing or similar police powers are a powerful deterrent and may tackle the hard core group of offenders who drink over the limit and drive.
Police officers do not currently have the power to carry out random breath tests. A police officer can request a breath test only if they have reasonable cause to suspect that the person has consumed alcohol, has committed a moving traffic offence, or has been involved in an accident. Case law has established that it is lawful for a police officer to stop a vehicle at random and form a suspicion of drinking on the basis of the subsequent interview with the driver [Reference 16].
The Serious Organised Crime and Police Act 2005 allows breath samples taken by the police at the roadside to be used as evidence in court rather than requiring officers to take further samples back at the police station. However, until a suitable roadside testing device has been approved by the Home Office, this power cannot be used.
The BMA urges the Government to amend the law to permit the police to stop vehicles at random for the purpose of conducting breath tests. International experience has demonstrated that random breath testing has been effective in enforcing drink drive legislation in the US and Australia, reducing fatalities, injuries and crashes [Reference 17]. The BMA would hope that high profile random breath tests would be carried out at locations where it is reasonable to assume an amount of drinking may have taken place. This would act as a deterrent for drivers not to drink and drive as it would send out a message that the chances of being stopped by the police had increased significantly.
References:
- Scottish Government statistical publication. Road Accidents Scotland 2006. Scottish Government, Edinburgh 2007
- 80 milligrams (mg) of alcohol for every 100 millilitres (ml) of blood in the body. to 50mg
- ‘Drink drive limit could be cut’ BBC news website (www.bbc.co.uk) 15 June 2007
- Blood Alcohol Concentration Limits Worldwide, International Centre for Alcohol Policies, May 2002
- Scottish Government statistical publication. Road Accidents Scotland 2006. Scottish Government, Edinburgh 2007
- PACTS Research Briefing, 11 January 2005.
- Combating Drink-Driving – Next Steps, Department for Transport, February 1998
- ROSPA Briefing Paper on Stopping Distances http://www.stoppingdistances.org.uk/facts/drinkdriving.htm, accessed 27 November 2007
- Tomorrow’s Roads: safer for everyone, Department of Transport, March 2000
- Select Committee on European Communities, Blood Alcohol Levels for Drivers (16th Report, Session 1997-98), March 1998
- Combating Drink-Driving – next steps, DETR, February 1998
- DTLR Press Release, 20 March 2002
- Combating Drink-Driving – next steps: public response, Department for Transport 1998.
- Tomorrow’s Roads – safer for everyone: the second three-year review, Department for Transport, February 2007
- Blood Alcohol Concentration Limits Worldwide, International Centre for Alcohol Policies, May 2002
- Chief Constable of Gwent v Dash 1986.
- Ludbrook A, Effective and cost-effective measures to reduce alcohol misuse in Scotland: an update to the literature review, Health Economics Research Unit, University of Aberdeen, May 2004
Gail Grant
Senior Public Affairs Officer
BMA Scotland
T: 0131 247 3050
M: 07768 005 850
E: ggrant@bma.org.uk