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BDifficulty 2/5

Can driving a motor vehicle or moped under the influence of alcohol or drugs constitute a criminal offence?

Correct answer

Yes, for either alcohol or drugs, under the applicable legal circumstances.

Yes. Article 379.2 of the Criminal Code covers both alcohol and drugs when driving under their influence. It also establishes the offence in all cases above 0.60 mg/l of alcohol in breath or 1.2 g/l in blood. Driving under the influence can be an offence below those thresholds; an administrative consumption infringement does not automatically constitute this offence.

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All options

  • Yes, for either alcohol or drugs, under the applicable legal circumstances.

  • No, it is always punished only by an administrative fine.

  • Only for drugs: alcohol can never constitute that offence.

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