Citation

Schmidt P, Dettmeyer R, Padosch SA, Madea B. Blutalkohol 2004; 41(1): 1-10.

Affiliation

Schmidt, P., Institut fur Rechtsmedizin, 53111 Bonn, Germany

Copyright

(Copyright © 2004, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

Medico-legal expert opinion reports on alcohol-related driving inability, investigation files of the public prosecutor as well as sentences were analysed with regard to the significance of medico-legal criteria for juridical convictions. 54 cases with completeely available records (medico-legal expert opinion reports, investigation files including medical examination records established at the time of blood sampling, reasons of prosecution order and conviction, respectively) were retrospectively studied in terms of age, gender, blood alcohol concentration (BAC), medical examination results, testimonies, signs of impaired driving performance and characteristics of road accidents associated with alcohol. In 36 cases studied, a "relative alcohol related driving inability" could be confirmed according to medico-legal criteria resulting in 22 prosecution orders as well as 14 convictions. In the corresponding medico-legal expert opinion reports, the following findings were considered to be of relevance in the medical assessment: findings of the physical examination (walking impairment n = 8, ataxia n = 24, impairment of speech n = 6), signs of alcohol related driving impairment in 14 cases and performance sequences associated with alcohol resulting in accidents in further 53 cases. In the prosecution order and conviction, respectively, driving impairment as well as the BAC were considered to be legally relevant in every case, whilst the findings of the medical examination were taken into account in 7 cases only. The medico-legal expert opinion report almost literally determined the reasons for legal proceedings in 9 cases and analogously in a further 18 cases. The integrative assessment of medico-legal criteria in expert opinion reports is of high decisive relevance for juridical proceeding. As far as juridical decision making is concerned, alcohol related driving impairment prevail the findings of medical examination and testimonies.