Legal assistance with alcohol-related fines | Legal aid centre

Questioner

In October I was arrested with alcohol on I was convicted on 470 ugl, the fine was 330 euros and an EMA course of 780 euros Last August 28th I was the unlucky one again after 2 drinks after work and within 2 minutes I drove into a trap and blew 325 ugl, after they contacted the officer at night I was given a 425 euro fine and a 2 hour driving ban, I was allowed to continue after 1.5 hours after an investigation, now I have to undergo an alcohol and blood test from the CBR, I have now paid 1100 euros and am waiting for the CBR's response. What I wanted to know is whether this punishment is in line with the blood alcohol level. Compared to other stories, I think it is a high punishment, and I haven't even mentioned the 80% that fail and the driver's license being revoked indefinitely.

Lawyer

The penalty imposed by the public prosecutor is in accordance with the guidelines of the Public Prosecution Service for one recidivism. The 425 euros is therefore not an unusual amount. The police judge usually imposes a slightly lower amount for this fact. Based on your story, you should not (yet) qualify for a 'CBR alcohol investigation'. For this, you must have participated in a previous investigation into alcohol use within five years OR have been arrested three times with alcohol behind the wheel OR have previously been given an EMA OR be known to the police as a regular user of narcotics. It may still be possible to object to the imposition of the measure. If you wish, you can contact us directly.

Questioner

Thank you for your answer. I had an EMA course in October 2012, and last week I contacted the CBR and they claim that if you have had a course, you will get a blood/alcohol test the second time, but given the 0.77 per mile I thought that was a bit exaggerated.

Lawyer

The statement from the CBR employee is correct. You still meet the conditions to qualify for an EMA. You have received two fines for alcohol in traffic within five years, both of which concerned a blood alcohol level of more than 220 µg/l, respectively 0.5% (or for novice drivers: 88 µg/l, respectively 0.2%). However, because you have been issued an EMA in the past five years, you are no longer legally eligible for an EMA or a light EMA. Therefore, you are now being ordered to undergo a 'test of driving ability or suitability'.