Acórdão nº 9910015 de Court of Appeal of Porto (Portugal), 21 de Abril de 1999
| Magistrado Responsável | MARQUES PEREIRA |
| Data da Resolução | 21 de Abril de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL.
Legislação Nacional: CP95 ART31 ART292. CE98 ART158 N2 N3 ART159. DRGU 12/90 DE 1990/05/14 ART1 N1 N2 N3 ART2 N1 ART4 N1.
Sumário: I - Não constitui qualquer causa de exclusão da ilicitude ou da culpa do arguido o facto de o agente de autoridade, apesar de momentos antes se ter apercebido de que aquele dava indícios de ter gerido bebidas alcoólicas, não o ter impedido de se ter dirigido para a sua viatura e iniciar a condução da mesma, percorrendo alguns metros. II - Tendo sido detectada a presença de álcool no sangue por meio de analisador qualitativo de ar expirado, mas ao ter sido sujeito ao teste quantitativo o arguido efectuou várias tentativas acusando sopro insuficiente e descontínuo, alegando ter problemas pulmonares, a determinação da taxa de álcool deveria então ter sido feita por métodos biológicos ( artigo 1 n.2 do Decreto Regulamentar n.12/90 de 14 de Maio...
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