[The concept of "control of an automobile"--simultaneously a comment on the decision by the Federal Court of Appeals of 27 October 1988--blood alcohol 26, 61-63 (1989)].

In reviewing the Federal Court of Appeals's (BGH) decision of Oct. 27, 1988--Blutalkohol 26, 61-63 (1989)--the author considers the court's reasoning--according to which "Führen eines Fahrzeugs" (taking part in traffic with a vehicle) and "Fahren eines Fahrzeugs" (driving a vehicle) are identical terms--not to be convincing. In order to avoid a setback of preventive police work, he stipulates that the lawmaker should penalize the attempt of a person to drive a vehicle in a state of alcoholic intoxication.