Driving after alcohol is simply a serious offense or crime, depending on the level of alcohol in the blood. The limit is 0.25 mg/dummy in the breathed air (0.5 promila). However, it is not only the alcohol level that affects the assessment of the act. The court takes into account a number of another factors that may mitigate or strengthen the driver's responsibility.
What affects the social harm of drinking?
1. Alcohol concentration – key factor
The level of alcohol in the blood determines the qualification of an act as an offence or a crime. The higher the concentration, the greater the social harm. The court besides checks whether the alcohol level grew, whether it was decreasing – this can be a sign of the intentions of the driver.
2. The leading life so far
The court examines the driver's past – whether he previously had problems with the law, especially traffic. Affluent criminal evidence aggravates the situation, while the absence of erstwhile offences may service the defendant.
3. Circumstance
It is crucial under what circumstances:
- Reason for inspection – if the driver has been stopped for another offences (e.g. speeding or causing collision), the harm of the act increases. In the case of regular sobriety control, the assessment may be milder.
- Time and day of detention – driving after alcohol during rush hours or on working days is treated more severely, as the threat to others is greater.
- Presence of passengers – if there were another people in the vehicle, especially children, the court will consider it an aggravating factor.
- Aim of the ride and distance covered – if the driver was driving for an crucial reason (e.g. to the hospital), he can number on a simplification of penalties. While driving without justification or on a long long increases responsibility.
- Vehicle type – driving a truck or bus under the influence of alcohol is assessed more severely than driving a passenger car.
Who decides to measure social harm?
In criminal proceedings Prosecutor stresses the aggravating factors, and the defender – soothing. The final decision shall be taken by the court, taking into account all the circumstances of the case.
Summary
Driving after alcohol is not just a substance of promila – the court is examining the full context of the event. This is why it is so crucial that drivers are aware of the consequences of their actions.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.
The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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