Distinction between alcohol intoxication and drunkenness
The difference between alcohol intoxication and drunkenness is important because they are two different crimes, each with its own punishment. We take a brief look at the difference in this Wanted Wiki.
Alcohol intoxication means that you have exceeded the legally permissible limit of the alcohol content in your blood that applies in traffic law. Currently, this limit in Belgium is 0.5 promille or 0.22 mg/l UAL (exhaled alveolar air). Alcohol intoxication is demonstrated by means of a breath test, a breath analysis or a blood test. The breath test can produce 3 results, namely:
- Safe: you have not exceeded the legal limit (less than 0.5 promille of alcohol in your blood).
- Alert: you have between 0.5 and 0.8 promille of alcohol in your blood.
- Positive: you have more than 0.8 promille of alcohol in your blood.
If alarmed or positive, you will proceed to a breath analysis from which the exact alcohol content will follow. Alcohol intoxication can be determined objectively: it is a measurable percentage of alcohol in the body.
Drunkenness, on the other hand, is an actual state, which is not objectively measurable. Article 35 of Road Traffic Act states:
‘Punishable by a fine of 200 euros to 2 000 euros and by disqualification from driving a motor vehicle for a term of not less than one month and not more than five years or for life, he who drives a vehicle or a riding animal in a public place or accompanies a driver for the purpose of schooling while in a state of drunkenness or in a similar state in particular as a result of the use of drugs or medicines.’
Drunkenness is thus about the actual state of being drunk. Drunkenness is established on the basis of outward characteristics showing that one has lost firm control over his actions. Discussion is, of course, always possible here. After all, the police always assess the state subjectively. one of the outward characteristics of drunkenness is, for example, loss of balance or speaking with a double tongue.
It is possible for both offences to occur simultaneously, but it is also possible for only one of them to occur. Thus, you can be in a drunken state without exceeding the legal limit of 0.5 promille. The reverse is also possible, you can exceed the legal limit but not be in a state of drunkenness.
Consequences of alcohol intoxication and drunkenness
For both alcohol intoxication and drunkenness, you risk a fine, a driving ban and an alcohol lock. For alcohol intoxication, there may still be an immediate collection if it is not a severe violation of the legal limit. For drunkenness, the penalties are harsher, as there is no possibility of immediate collection or amicable settlement. You will be directly summoned to the police court!
Drunkenness and alcohol intoxication among cyclists?
The rules regarding alcohol intoxication and drunkenness apply to all motor vehicles and ‘means of locomotion’. So even if you are cycling, you should not be drunk or intoxicated with alcohol. Cyclists are also subject to the 0.5 promille blood alcohol limit. The penalties for alcohol intoxication and intoxication when driving a car also apply when you are cycling.
Were you summoned for criminal alcohol intoxication or drunk driving?
If so, be sure to contact the lawyers at Wanted Law!