Frequently asked questions about drink-driving
Questions and answers about
drunk driving proceedings in Germany
What happens if I am caught drink-driving?
Drunk driving can result in fines, points in Flensburg, driving bans and, in serious cases, imprisonment. The amount of the penalty depends on the blood alcohol level and the circumstances.
At what blood alcohol level are you liable to prosecution?
You are liable to prosecution from a level of 0.3 per mille if there is driver error or an accident, and generally from 1.1 per mille, regardless of driving behavior.
What are the penalties for drink-driving?
Possible penalties include fines, a driving ban or disqualification from driving, points in Flensburg and, in particularly serious cases, even imprisonment.
Can I lose my driver's license immediately?
Yes, the police can temporarily seize the driver's license, and the court can later revoke it permanently. A
A blocking period may also be imposed for the reissue.
Can I get my driver's license back automatically after a suspension period?
No, after the suspension period has expired, you must reapply for a new driving license. Often, special conditions such as a medical-psychological examination (MPU) must be fulfilled.
What is an MPU and when do I have to do it?
The MPU, also known as an idiot test, is often ordered if you are caught with a high blood alcohol level or have repeatedly been conspicuous. It is intended to test your suitability to drive a vehicle.
Should I remain silent in criminal proceedings?
It may be advisable to initially remain silent and seek legal advice. Your lawyer can assess whether and when it makes sense to make a statement.
Can my lawyer mitigate a sentence?
Yes, your lawyer can negotiate a lighter sentence with the public prosecutor's office or obtain exonerating evidence, e.g. a lighter driving ban or a lower fine.
Can I lodge an appeal against the penalty order?
Yes, an appeal can be lodged against a penalty order for drunk driving. This leads to a court hearing in which the case is reassessed.
How does drunk driving affect my insurance?
The car insurance company can take recourse and the comprehensive insurance company can refuse to pay. In the event of an accident, you often bear a considerable part of the damage yourself.
What happens if I am a repeat offender?
Repeat offenders face significantly harsher penalties, including longer driving bans, higher fines and a likely MPU order.
Is there a way to avoid the driving ban?
In rare cases, a driving ban can be avoided by paying a higher fine. Your lawyer will check whether this is possible in your case.
How long does a drink-driving offense remain on my criminal record?
A conviction for drunk driving usually remains on the criminal record for five years, but in certain cases it can remain on the record for longer.
Can I lose my job if I lose my driver's license?
Yes, especially if you depend on your driver's license for work, losing it can also have consequences under employment law. A discussion with your employer is often advisable.
What are the total costs?
In addition to the fines, there may be costs for the MPU, legal fees and court costs as well as higher insurance premiums. Your lawyer can give you a detailed assessment of this.
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