Umgang mit Blutalkoholkonzentrationen
摘要
The legal assessment of suspected offences under the influence of alcohol requires precise alcohol concentrations at the time of the incident. The blood alcohol concentration can be determined based on a measured value or on the given amount of alcohol consumed. The practical procedures for performing such a calculation are described in various textbooks of forensic medicine; however, there are no specific regulations in Germany but the jurisdiction provides a framework of requirements. Nevertheless, depending on the specific case, expert opinion may be requested regarding the practical implementation. Essentially, this involves a back-calculation on the basis of measured blood alcohol concentration, calculating a blood alcohol concentration based on the given alcohol quantities consumed, dealing with statements regarding drinking behavior and calculating the alcohol quantity related to the measured blood alcohol concentration. When performing these calculations/estimates, the principle “in dubio pro reo” has to be applied, i.e., the calculations are made in favor of the defendant, although this could lead to extreme values which might not be realistic from a pharmacokinetic point of view.