Manslaughter: acquittal for driving under the influence of alcohol
Case summary
At an intersection between a main road and a forest road, a vehicle attempting to enter the main road failed to yield properly and was struck by another vehicle that was lawfully traveling on the priority road.
In the vehicle traveling on the priority road, there were two occupants. As a result of the traffic accident, the driver of this vehicle sustained bodily injuries, while the passenger seated in the front right seat tragically lost their life.
Subsequent tests revealed that the driver of the vehicle on the priority road was under the influence of alcohol. Consequently, he was indicted for multiple offenses, including the crime stipulated and sanctioned under Article 336 of the Criminal Code: driving a vehicle under the influence of alcohol or other substances.
Factual data
Being indicted for the offense of driving under the influence of alcohol (having exceeded the legal threshold set by the legislator), the driver was faced with the burden of proving that he had not consumed alcohol before beginning to drive on public roads and that the alcohol detected in his blood was due to the fact that he had suffered multiple (severe) injuries in the accident, through which alcohol entered his body.
It was noted in this regard that containers previously holding alcoholic beverages were found inside the vehicle.
Court ruling: Acquittal for the offense under Article 336 of the Criminal Code
Hearing the pertinent arguments presented, the court could not render a conviction for an offense regarding which there was such a high degree of doubt.
In this case, it was demonstrated that alcohol can indeed enter the body through means other than the usual ingestion.
Furthermore, the court also noted that the doubt surrounding the case stemmed from the fact that it could not be proven beyond any reasonable doubt that the defendant had consumed alcohol before driving the vehicle. The evidence did not conclusively establish, beyond any reasonable doubt, that he had consumed alcohol exclusively before driving and not also during the course of this activity.
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