Citation

Bialas B. Blutalkohol 1997; 34(2): 129-142.

Affiliation

60385 Frankfurt, Germany.

Copyright

(Copyright © 1997, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

It is unlikely that, in the near future a scientifically proven theory will be developed for the detection of driving inability due to the use of drugs where drug limit values could be determined. However, due to criminal and traffic-political pressures the willingness of the legislator becomes apparent with regards to solving the problem of proof in the alcohol criminal law. To implement this the legislator refers to suggestions of phrasing of the latest medical science, which, to date is based only on the present medico-scientifically available knowledge and is not based on completely reliable findings. The suggestions are based on very strong expectations from the legislator's side to compensate medical deficit as soon as possible. The drug limit values based on the current scientific knowledge, dogmatically go against the law banning the punishment of a suspect. Criminal-politically, this action would correspond totally to the economic analysis of the law. The transfer of the simplified judgement procedure for the detection of a driving inability when driving under the influence of drugs only happened due to its certainty of conviction. This meant that the limit value procedures only served for the stabilising of power of the State. Therefore the problem of certainty of proof in a legal manner can stil only be solved by applying the principles of relative driving inability as developed by the legislator for drivers under the influence of drugs.