Drunkenness
Drunkenness or also called ‘drunken driving’, according to the Court of Cassation, means that you no longer have the sustained control of your actions, without necessarily having lost consciousness about them. You are driving a vehicle or accompanying a driver while in a state of intoxication or in a similar state, due to the use of drugs or medicines.
Article 35 of the Road Traffic Act stipulates the traffic offence for drunkenness:
‘With a fine of 200 euros to 2,000 euros and with the forfeiture of the right to drive 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 driving animal in a public place or accompanies a driver for the purpose of schooling, while in a state of intoxication or in a similar state particularly as a result of the use of drugs or medicines, shall be punished.’
So this article also provides for being under the influence of drugs, not just alcohol.
How does the police judge assess drunkenness?
The police judge can use any factual evidence to determine whether drunkenness occurred. However, it is not required that the drunkenness while driving itself was established by the police. The key elements in the assessment are mainly the person's behaviour and condition. In addition, the findings of the verbal officers and any witness statements are also relevant.
Herewith some external characteristics of drunkenness that the police take into account:
- Talking with double tongue;
- Blurred eyes;
- Unsteady walk;
- No sense of time and space;
- Traces of vomit;
- Orientation;
- Disorderly clothing;
- Aggressiveness;
- Breath smelling of alcohol.
In traffic, drunkenness also manifests itself in swerving through streets, not using lights or indicators, ignoring traffic lights, not paying attention to other road users, etc.
Douris' table
Although drunkenness and alcohol intoxication are two different traffic offences, alcohol content can be relevant when assessing drunkenness. The police judge may in fact be guided in his assessment by Douris' table/scale.
Douris' table is a guide that indicates what the state of intoxication is for a given measurable percentage of alcohol and what percentage of the population would be in a state of intoxication:
- An alcohol level below 0.60 promille: This level indicates moderate use of alcoholic beverages without pronounced clinical signs.
- An alcohol level between 0.60 to 1.00 promille: This level indicates consumption of alcoholic beverages, with impaired attention and reflexes.
- An alcohol level between 1.00 to 1.50 promille: This level indicates being under the influence of alcohol in all normal persons, with impaired attention and reflexes.
- An alcohol level between 1.50 to 2.00 promille: This level indicates a state of intoxication in 82% of all normal persons, with impaired attention and reflexes.
- An alcohol level between 2.00 to 2.50 promille: This level indicates a state of intoxication in 92% of all normal persons, with impaired attention and reflexes.
- An alcohol level between 2.50 to 4.00 promille: This level indicates an undeniable state of intoxication.
- An alcohol level higher than 4.00 promille: This level indicates a comatose state or even death, due to alcohol intoxication.
What is the difference between drunkenness and alcohol intoxication?
There is an important difference between alcohol intoxication and drunkenness. Drunkenness is about the actual state you are in, while alcohol intoxication indicates the offence alcohol level which is measured objectively through a breath test and breath analysis. Drunkenness is assessed by the police in a more subjective way based on some observable characteristics. Both concepts are separate crimes that are completely unrelated. You can be drunk without being criminally alcohol-intoxicated, and conversely, it is possible to be intoxicated without being in a state of drunkenness.
Are you being prosecuted for drunk driving?
If so, be sure to contact the lawyers at Wanted Law!