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Drivers of vehicles

Drinking and driving,
drugs and illness


 

Drinking and driving

Section 53. For drinking and driving, the person who drives or attempts to drive a motorized vehicle is penalised after having ingested alcohol to such an extent that the alcohol concentration in the blood during or after driving exceeds 0.50 blood alcohol level, or that the alcohol concentration with a breathalyser during or after driving exceeds 0.25 mg per litre air.

Item 2. Furthermore, for drinking and driving, the person who drives or attempts to drive a motorized vehicle after having ingested alcohol to such an extent that the person cannot drive the vehicle in an adequate way.

Driving under the influence of consciousness altering drugs, illness, etc.

Section 54. A motorized vehicle may not be driven or attempted to be driven by anyone whose blood, during or after driving, contains consciousness altering substances which, according to rules set by the Danish Minister of Transport, are classified as dangerous for traffic safety and which are not ingested pursuant to a legal prescription. Point 1 applies similarly to substances the person has ingested pursuant to a legal prescription, if the ingestion has occurred in accordance with the prescription.

Item 2. A motorized vehicle may also not be driven or attempted to be driven by anyone who, due to illness, weakness, exertion, lack of sleep, under the influence of exhilarating or sedating substances or, for similar reasons is in a condition that he or she is unable to drive the vehicle in a fully adequate way.

Item 3. A bicycles, horse carriage or horse may not be driven or ridden or be attempted to be driven or ridden by anyone who, due to the reasons mentioned in item 2, or as a result of the influence of alcohol is in such a condition that he or she is unable to drive the vehicle or ride the horse in an adequate way.

Item 4. Leaving the driving of a vehicle or a horse to a person who, for the reasons mentioned under item 2 or due to the influence of alcohol, is in such a condition that he or she is unable to drive the vehicle or ride the horse in an adequate way is prohibited.

Item 5. If a person at a restaurant or other location that serves food and beverages to which there is public access, has ingested alcohol and the host or his co-workers know or have reason to believe that the person concerned is the driver of a vehicle or rider of a horse and, due to the intake of alcohol is unable to drive the vehicle or ride the horse in an adequate way, the host or co-worker must by calling the police, try to prevent the person concerned from driving the vehicle or riding the horse.

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Control, etc.

The police can, at any time, require that the driver of a vehicle or a rider submits a breathalyser, saliva or sweat sample or allows his or her eyes to be examined. The police can demand that a person submits a breathalyser sample at another location than where the person concerned has been encountered if there is reason to believe that the person has contravened the regulations.

Item 2. The police can present a person for the taking of blood and urine samples if there is reason to believe that he has contravened Section 53 or Section 54 items 1, 2 or 3, or he refuses or is unable to assist with a breathalyser, saliva sample, sweat sample or eye examination. If the suspicion concerts other issues than being under the influence of alcohol, the police can also present the person concerned for examination by a doctor. The same applies to a suspicion of being under the influence of alcohol when special circumstances call for it.

Item 3. With a view to averting the risk of a person committing drinking and driving or contravening Section 54, items 1 or 2, the police can however confiscate the person’s driving licence if there is reason to believe that the person has contravened Section 53 or Section 54, items 1 or 2.

Item 4. The Minister of Justice determines the regulations of the tests and examinations mentioned under items 1 and 2. The Minister of Justice also determines the detailed regulations on the police’s confiscation of the driving licence, see item 3 and the police’s access to returning of the driving licence on condition the holder of the licence submits a breathalyser, saliva or sweat sample or allows his eyes to be examined.