22 - Influence of Alcohol or Intoxicating Substances on the Vehicle Operator

No one may drive a motor vehicle when they are under the influence of alcohol or any other intoxicating or sedative substance.

If the alcohol concentration in their blood exceeds 0.2 per mille or the amount of alcohol in their body that can lead to such a blood alcohol concentration, or if the concentration in their exhaled air exceeds 0.1 milligrams per liter of air, they are in all cases considered to be under the influence of alcohol according to the provisions of the law.

If the concentration of any other intoxicating or sedative substance in their blood exceeds the limits set by regulations issued under the authority of the law, or the amount of such a substance in their body that can lead to such a concentration in the blood, they are in all cases considered to be under the influence according to the provisions of the law. However, this does not apply if the excess is caused by medication taken in accordance with a valid prescription from a doctor or dentist.

Mistaken belief regarding the concentration of alcohol in the blood does not exempt from punishment. The same applies to mistaken belief regarding the concentration of any other intoxicating or sedative substance, unless such substance was taken in accordance with a valid prescription from a doctor or dentist, as per the third paragraph.

The operator of a motor vehicle may not consume alcohol or take any other intoxicating or sedative substance within six hours after finishing driving, when they understand that there may be a police investigation due to the driving or exhibit gross negligence in this regard. However, this prohibition does not apply after a blood or breath test has been taken, or the police have decided not to take such a test.

The Ministry may issue regulations regarding the limits for the concentration of other intoxicating or sedative substances in the blood, as mentioned in the third paragraph and § 31, second paragraph.