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BDifficulty 2/5

Can imprisonment be imposed for driving a motor vehicle or moped under the influence of alcohol even without a fatal accident?

Correct answer

Yes, driving under the influence of alcohol can be an offence against road safety.

Yes. Criminal Code Article 379.2 covers driving under the influence and, in any event, levels above 0.60 mg/l in breath or 1.2 g/l in blood. Article 379 provides 3–6 months’ imprisonment, or a 6–12 month fine, or 31–90 days of community service, plus disqualification from driving for more than one year and up to four in every case. Imprisonment is a statutory alternative, not an automatic sentence for any consumption. Article 380 on manifestly reckless driving with concrete danger provides imprisonment and driving disqualification, not a fine.

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  • Only if the driver is responsible for an accident with fatalities.

  • No, alcohol consumption is not regulated under the Criminal Code.

  • Yes, driving under the influence of alcohol can be an offence against road safety.

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