Citation

Grohmann P. Blutalkohol 1996; 33(4): 177-200.

Vernacular Title

Deutsches Promillerecht--Uberblick und Leitfaden fur die verkehrsgerichtliche

Copyright

(Copyright © 1996, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

8924272

Abstract

1. The alcohol level regulation affects everyone who participates in public road, rail, shipping and air traffic. In legal terms a person participating in traffic is anyone who has a direct, physical influence on the traffic flow i.e. as a pedestrian, a vehicle driver, an aircraft captain or a train driver. Participation in any kind of traffic requires a physical, mental and psychological joint effort which is controlled by the central nervous system. The influence of alcohol drastically deteriorates driver performance to the detritment of traffic safety. In cases of traffic law determination of dangerous driving or in cases of the legal limitations of diminished or no responsibility, recognised discoveries in traffic medicine as well as blood alcohol research, psychiatry and statistics have played a significant role. The main medical-scientific used to determine the alcohol level regulation, in particular the borderline cases, essentially rely on on experiments (mainly driving experiments). These experiments are carried out with drivers under the influence of alcohol and who drive road vehicles, particularly motor vehicles. At present, no comparable, scientifically convincing research is available for the other groups of participants in traffic. Therefore, the determination of a universal alcohol level regulation including pedestrians and train drivers for example, can not be justified. Blood alcohol effect has been thoroughly researched, the metabolic reaction is well known, alcohol is easily quantifiable, its effect can be easily reviewed and is reproducible to a large extent. Therefore, due to existence of certain alcohol level values, legal conclusions can be drawn which affect all participants in traffic. The main issue is, that the blood alcohol level taken at the time of the accident is definite, regardless whether it was taken by means by a blood sample or by means of a statement of the amount of alcohol consumed. Whether or not the driving under the influence of alcohol falls under the category of "infringement of the law" or "criminal offence" depends largely on the abstract danger caused to the traffic. According to section 316 StGB a motorized or non-motorized driver under the influence of alcohol is considered to be unsafe if he/she is incapable of driving the vehicle safely for a long span of time or when sudden difficulties arise. It would apply if the alcohol has caused a personality change which would not enable the driver to drive safely despite wilfully trying. This applies respectively to drivers of vehicles that don't circulate on roads. 2. Currently, the following alcohol limit regulation applied in Germany: Criminal offences section 316, section 315 c section 1 no. 1 a StGB 1. Drivers of motor vehicles on the road--0.3 to 1.09/1000 and an additional error to due the consumption of alcohol--1.10/1000 (including the body's alcohol resorption effect) and more, with or without errors due to the consumption of alcohol. 2. Cyclists--0.3 to 1.59/1000 and an additional error due to the consumption of alcohol--1.60/1000 (including the body's resorption effect) and more, with oder without error due to the consumption of alcohol. 3. Carriage drivers, motorized wheelchair users--0.3/1000 and more and an additional error due to the consumption of alcohol. Section 316, Section 315 StGB 4. Train drivers, airplane pilots and persons in charge of ships--0.3/1000 and more and an additional error due to the consumption of alcohol. Author's opinion: airplane pilots, from 0.1/1000 even without an error due to the consumption of alcohol. Infringement of the law section 24 StVG--0.80 (including body's alcohol resorption effect) to 1.09/1000 without error due to the comsumption of alcohol. Sections 2, 69 a section 1 no. 1 StVZO pedestrians with or without special means of transport, animal leaders/animal drovers, pillion rider or passenger on a motor-bike--0.3/1000 and more and an additional error due to the consumption of alc

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