Citation

Bialas B. Blutalkohol 1996; 33(3): 142-151.

Vernacular Title

Absenkung der Promille-Grenze?

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

8737568

Abstract

The Legislator's decision not to lower the 0.8 per mile alcohol level limit of the section 240 StVG runs counter to the tendency of fighting dring driving altogether. This decision was made despite the fact, that according to current medical science the risk limit lies at 0.4 per mile. It can't be justified by the "ultima ratio" principle which was introduced by the legislator for decision making. Much on the contrary, it suggests a development where considerations will no longer be applied only for the protection of the citizen. Here we can observe a continuation of the interpretation of the alcohol level limits which seem to simply serve as a means of ensuring a conviction. The economical analysis of the law is the theoretical background to this consideration which dominated by this process. This analysis does not take any further limitations of legislative powers into consideration with the exception of effectiveness, efficiency and its maximum use under the political and economic aspects. Therefore it allows the protection of the individual to be obscured by these maxims. However, lowering of the alcohol level risk limit to 0.4 per mile should not be insisted on, but instead there should be a call for the introduction of an alcohol ban altogether. This request could be justified with the lack of the legal basis of the alcohol level limits.

Language: de