Kernrechtsfrage
Whether the appellate court arbitrarily found qualified intoxication based on witness evidence rather than blood test results.
Extrahierter Entscheid
No. Witness testimony and the surrounding circumstances were sufficient to infer intoxication and a blood alcohol concentration clearly above the legal threshold.
Extrahierte Begründung
Art. 55(4) SVG allows proof by other evidence. The court accepted multiple consistent observations about alcohol odor, impaired balance, slurred speech, aggressive behavior, the collision, and the defendant's condition shortly afterward; the contrary testimony was considered inconsistent or biased.