Questão jurídica principal
Whether the offense of operating a vessel in an intoxicated condition under the BSG requires a purely concrete assessment without reference to traffic-law blood-alcohol thresholds.
Decisão extraída
The court held that the offense must still be assessed concretely, but the challenged judgment did not unlawfully rely on an automatic analogy; it considered the alcohol level together with the circumstances and the appellant's condition.
Fundamentação extraída
Scientific knowledge on alcohol-related impairment is generally transferable to boating. The lower court did not base guilt solely on a threshold; it also relied on the night-time conditions and the medical sign of unsteady gait.