Question juridique clé
Whether intoxication under Art. 2(2) VRV is established when the driver has an alcohol amount in the body leading to 0.8‰ or more.
Solution extraite
Yes. Intoxication is deemed proven even without further evidence if the driver has in the body an amount of alcohol that will lead to a blood alcohol concentration of at least 0.8‰.
Motifs extraits
The court held that the provision treats as equivalent a measured BAK of at least 0.8‰ and an alcohol amount in the body that will result in such a BAK. It is irrelevant whether the driver is still in the absorption phase or already in elimination; the decisive point is the objectively present alcohol amount and the risk that the threshold will be reached during the drive.