Citation

Grohmann P. Blutalkohol 1991; 28(2): 84-93.

Vernacular Title

1,10/1,15 Promille--Folgen fur das geltende und das zukunftige Promillerecht.

Copyright

(Copyright © 1991, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

2043337

Abstract

In the Federal Republic so far it is a matter of jurisdiction and not of legislation, to fix the blood alcohol limit for punishable absolute inability to drive in the sense of section 315 c par. 1 no. 1 a StGB (German Criminal Code). This fact has considerable disadvantages for traffic-safety and legal security. The level of the critical value inevitably varies due to new results of alcohol- and traffic-research. It is pushed up by the fact, that the critical value of jurisdiction has to be a generalized one, which has taken even special alcohol-digestibility into consideration. The critical value of jurisdiction therefore is too high and too instable. The fixation-process of the critical value by the law courts could lead to a very long and rattling period of different judicial opinions, just like it was after the 1.1 promille-suggestion by Salger. But the legislator has to assure clear and safe conditions, even when alcohol is in the game. The principal elements of the 1.1 promille-decision by the BGH (German Federal Law Court) on the 28th of June 1990 correspond mainly with the arguments, which Salger used for this 1.1 promille-suggestion in January 1990. Going beyond of that, some medical and natural-scientific arguments concerning the lowering of the security-addition are included. Under the condition that the institute, which analyses the blood-alcohol forensically, participates successfully in circular tests, the BGH has fixed the punishable critical value to 1.0 promille (fundamental value 1.0 promille plus a safety-addition of 1.0 promille). To prove their successfully participation in circular tests, the institutes, which are carrying through blood-alcohol-analyses, are obliged to assure the judicial authorities of their participation in circular tests and furthermore they have to demonstrate with 4 resp. 5 single measured values of each blood-alcohol-determination, that their deviation is below the maximal value (= 0,048 promille), which has been given by the expert opinion of the Federal Health Board 1989. For blood analyses of institutes, which are not yet successfully participating in circular tests, the punishable critical value has been fixed to 1.15 promille (fundamental value 1.0 promille plus a safety-addition of 0.15 promille). This is valid for a transitional period, in which these institutes should get the opportunity, to participate in a circular test successfully. The critical values mentioned above are also valid for those proceedings, which had not yet been finished in the moment of the decision of the BGH.

Language: de