Key legal question
Whether post-accident drinking can objectively constitute frustration of a blood test under former Art. 91(3) SVG.
Extracted holding
Yes. Post-accident drinking is a relevant act if a blood test was very likely to be ordered and the drink made reliable reconstruction of the relevant blood alcohol level impossible.
Extracted reasoning
The court held that the decisive question is not whether the post-drinking itself is generally blameworthy, but whether it relevantly impairs the evidentiary purpose of the blood analysis. Here the accident circumstances made a blood test very likely, and the unknown alcohol content of the post-drink prevented reliable retroactive determination.