LEGAL PROBLEMS IN THE PURSUIT AND PROSECUTION OF "DRINKING OFFENCES BY ROAD USERS"

OFFENCES CONCERNED ARE REVIEWED, AND REFERENCE MADE TO METHODS OF INVESTIGATION, RETROSPECTIVE ANALYSIS FROM THE TIME OF SAMPLING TO THE TIME OF THE OFFENCE AND ASSESSMENT OF THE LAST DRINK. RELIABILITY OF BLOOD SAMPLING FROM A CADAVER IS BASED ON ANALOGY WITH PARAGRAPH 81A STPO. THE LEGAL REQUIREMENTS FOR THE TAKING OF BLOOD SAMPLES AND THE CONFISCATION OF THE DRIVING LICENCE ARE STATED. REFERENCE IS MADE TO THE FACT THAT IT IS NOT PERMISSIBLE TO ORDER THE TAKING OF BLOOD SAMPLES FROM EXTRA-TERRITORIALS AND ALSO TO THE LEGAL POSITION IN THE CASE OF PUBLIC REPRESENTATIVES AND MEMBERS OF NATO ORGANISATIONS. RECOMMENDATIONS ARE GIVEN FOR THE CONDUCTING OF ROADSIDE CHECKS AGAINST DRUNKEN DRIVERS.