Citation

Maatz KR. Blutalkohol 2002; 39(1): 21-35.

Affiliation

Richter am Bundesgerichtshof, 76133 Karlsruhe, Germany.

Copyright

(Copyright © 2002, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

Through a resolution passed on 3rd of April 2001 the Federal Supreme Court decided that breath alcohol values can be forensically used without applying a safety margin when determining a law infringement according to (section)24a sec.1 StVG. This is only applicable if the used measuring device has been issued with the official licence for the monitoring of road traffic, if it is calibrated according to the calibration regulation and if all conditions for a valid measurement are fulfilled. Taking this into consideration the report examines if and under which circumstances breath alcohol measurements can be used to prove an alcohol related driving inability (a criminal offence according to (section)316 StGB). The difficulties resulting from the 'unstable' BrAC/BAC quotient in particular, could - on reflection - bring about the introduction of a legal regulation according to which, certain BrAC and BAC limits could be introduced as factual prerequisite for a punishable offence (in (section)316 StGB). In another part of the article questions are examined dealing with the usability of the BrAC measurements within the (section)24a StVG if the conditions for valid measurements as determined by the Federal Supreme Court have not been met.