Citation

Meyer D. Blutalkohol 1978; 15(6): 385-391.

Copyright

(Copyright © 1978, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

The author investigates the possible legal consequences of the installation and use of breath testers in catering establishments for both the user and installer of the devices. He arrives at the following conclusions: The user of the device will not be able to plead that having used the device properly he felt able to drive on the basis of the alcohol reading given. On the contrary, anyone using a device of this type before driving will as a rule lay himself open to prosecution for deliberately committing a traffic offence. The installer of the device can be called to account for complicity in a traffic offence (art. 27 of the criminal code). There is also the possiblity of his prosecution for manslaughter or causing grievous bodily harm by his negligence. In any event, however, the installation of a breath tester in catering establishments can be the subject of disciplinary action as a breach of regulations in accordance with art. 118 (1) of the law on breaches of regulations.

DWI