Article 65, Clause 1 of the Road Traffic Law stipulates that "No person shall operate a vehicle while under the influence of alcohol", and prohibits driving of any vehicle-even a bicycle-after consuming alcohol, without exception. However, different penalties are applied depending on whether a driver is judged to be drunk (Road Traffic Law, Article 117-2, Item 1), or merely under the influence of alcohol (Road Traffic Law, Article 117-4, Item 3).
A person is judged to be "drunk" if he or she is in a state in which normal driving may not be possible, regardless of the alcohol level in the blood or breath. The amount of alcohol in the body may therefore vary depending on the individual or the physical conditions. A driver is deemed intoxicated by such factors as slurred speech, swaying body, and staggering gait.¹
Driving under the influence of alcohol, on the other hand, is determined by the presence of alcohol indicated by the breath test (0.15 milligrams alcohol or more per liter of exhaled breath), no matter how much the driver insists that he/she is fine, not drunk, or even when the driver is apparently alert enough to drive without difficulty.
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