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Nikolaus Authried of ÖAMTC-Rechtsberatung knows from consulting practice that quite a few misconceptions circulate among the population concerning alcohol consumption and roadworthiness. Regarding the assumption “Under 0.5 per mile, I am allowed to drive a car or motorcycle in any case,” he says:
“The legally defined alcohol limits are maximum limits – if these are exceeded, one is, in any case, liable to prosecution. Under certain circumstances, however, even a significantly lower alcohol content can mean that you are no longer fit to drive, for example, in the case of fatigue or possible interactions with medication.” In technical terms, this is referred to as “under-alcoholization.” If you then drive a vehicle anyway, you could face a fine and, in the event of an accident, even criminal proceedings in court, as the lawyer points out. “Proceedings could then also be initiated to revoke the driving license.”
By the way: drivers should never refuse a breathalyzer test. Anyone who refuses it (without medical reasons) is liable to prosecution. Even if the medical examination afterwards does not show any alcohol impairment. The authorities assume the highest degree of alcoholization in the case of refusers. This means that the driver faces the same penalty as if he had had more than 1.6 per mille of alcohol in his blood.
- source: kleinezeitung.at/picture: pixabay.com
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