FrågaSTRAFFRÄTTTrafikbrott16/09/2018

I was watched with drunk drive with blood test 1.82, what will be my case punishment?

hi. i was working in sweden and now i am living in Czech.

i reported my leave of sweden three month ago.

i was catched with drunk drive last year with blood test 1.82 and there was no accident.

and i need to go back to sweden and go to court next month.

what will be my case punishment?

Lawline svarar

Hi and thank you for turning to Lawline with your question!

To begin with, I want to make clear that I can not say exactly what will be your punishment. The Swedish court always judges case by case and takes into account the circumstances of the specific situation. Regulations about drunken driving is to be found in the Road Traffic Offences Act (Trafikbrottslagen).

Your punishment can be anything from a fine to imprisonment for a shorter period of time
The main rule is that the limit for drunken driving is 0.2 per mille of alcohol in the blood. This is regarded as a crime, regardless of whether the driver is involved in an accident or not. The penalty for this is a fine or imprisonment for a maximum of six months (4 §). Because you were caught with 1.82 per mille in your blood there is a risk that your crime is considered gross. The limit for gross drunken driving is usually 1.0 per mille. The penalty will then be imprisonment for a maximum of two years (4 a §).

Your punishment depends on how big a danger you were in traffic
When the court is deciding your penalty, it takes into account your high alcohol concentration which is far over 1.0 per mille. It is also important how far you were driving, what kind of road you were driving on and what type of vehicle you were driving. That is, how big a danger you were in traffic. It is usually considered more serious if you were driving a long way, on the highway and a big vehicle, like a truck.

Without knowing all the circumstances about your situation it is difficult for me to make an assessment of your punishment. What I can say is that it is unlikely that the court will choose the hardest penalty of two years imprisonment, but high fines or a couple of months in prison is possible.

I am sorry that I could not answer your question more clearly but I hope that you now have a little more information and understanding about your situation.

Sincerely

Tova AnderssonRådgivare