A traffic check, a breath test, then a blood sample, and in the end the police keep your driving licence. For many people their job depends on it. What happens next depends above all on the measured value.
The blood alcohol limits at a glance
- From 0.3 ‰ it can already be a criminal offence if there are driving errors or signs of impairment, such as weaving or an accident (so-called relative unfitness to drive).
- From 0.5 ‰ without signs of impairment it is an administrative offence under Section 24a of the German Road Traffic Act (StVG). For a first offence the usual penalty is a fine of 500 euros, a one-month driving ban and two points in the Flensburg register.
- From 1.1 ‰ drivers of motor vehicles are considered absolutely unfit to drive. This is always a criminal offence under Section 316 of the German Criminal Code (StGB), however safe you felt.
- From 1.6 ‰ the driving licence authority will generally require a medical-psychological assessment (MPU) before issuing a new licence.
Novice drivers in their probationary period and everyone under 21 are subject to an absolute ban on alcohol at the wheel anyway.
Driving ban or revocation: a big difference
A driving ban is temporary: you hand in your licence and get it back automatically afterwards. In a criminal case under Section 316 StGB, however, the court will as a rule order the revocation of the driving licence (Section 69 StGB). The licence ceases to exist, and the court sets a blocking period of at least six months during which no new licence may be issued (Section 69a StGB). Afterwards you have to apply for a licence again. With high values you only get one after passing an MPU.
An MPU may be required even below 1.6 ‰
According to the case law of the Federal Administrative Court, the authority may order an MPU from 1.1 ‰ if no signs of impairment were found despite this value. This is taken as an indication of alcohol tolerance. What the police report says about your behaviour is therefore often more important later than you might think.
What you should do now
- Do not state how much you drank. Statements such as “only two beers” or about the time of your last drink are later used for back-calculation, usually to your disadvantage.
- Do not fill in the hearing questionnaire yourself. Personal details are mandatory, statements about the matter are not.
- Involve a defence lawyer early. Only by inspecting the file can we check whether the measurement, the blood sample and the records are free of errors. In individual cases such errors can mean that a value may not be used.
- Think about the MPU early. If you know an MPU is coming, you can use the blocking period sensibly for preparation and lose no time.
This article gives a general overview of German law at the time of publication and does not replace advice in an individual case. The German version is authoritative.