Citation

Krause D, Wittig H, Romhild W, Jachau K. Blutalkohol 2002; 39(1): 2-7.

Affiliation

Instituts fur Rechtsmedizin, Otto-von-Guericke-Universitat, 39120 Magdeburg, 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

At the suggestion of the Conference of the Ministers of the Interior it is obviously considered to amend Section 316 of the Criminal Code still in this legislative period and provide limit values similar to those contained in Section 24a of the Road Traffic Act. Whereas a blood alcohol concentration limit of 1.10 % is undisputed, an adequate breath alcohol concentration threshold could not yet be specified. Basically, scientific approaches suggest that a concentration of 0.55 mg/l would be too low. However, an adequately higher value has not yet been established to date. Although a calibrated Alcotest 7110 Evidential MK III yields highly reproducible results which fulfil common requirements on precision and correctness, the variability of the human factor would remain uncertain. Much has been sufficiently studied and established. But exact data are not yet available regarding the influence of certain practical breathing techniques and lung disorders, e.g. of elderly people and asthmatics, as well as of later resorption followed by a breath alcohol concentration increase upon test failure with the Alcotest 7110 Evidential MK III when there is still alcohol in the stomach. In addition, it could not yet be established that the effects of 0.55 mg/l breath alcohol concentration correspond to those we know from 1.10 % blood alcohol concentration. To this end, investigations are being made. It is recommended to include the results when specifying a relevant breath alcohol threshold for criminal law.