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Emergency

Alcohol at the wheel: blood-alcohol limits and consequences

When driving under the influence of alcohol there are several limits with quite different consequences, from an administrative offense to a criminal offense. For novice drivers and during the probation period, an absolute alcohol ban also applies.

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From 0.5 per mille there is generally an administrative offense (§ 24a StVG). From 1.1 per mille absolute driving incapacity applies and there is a criminal offense (§ 316 StGB); already from 0.3 per mille a criminal offense can exist if there are signs of impairment.
For novice drivers in the probation period and under 21 years, an absolute alcohol ban applies (0.0 per mille). Even small amounts lead to sanctions and measures.

What you should do now

  1. 1

    1. Classify the accusation

    Clarify whether you are accused of an administrative offense or a criminal offense.

  2. 2

    2. Use your right to silence

    You do not have to comment on the matter; details about your person suffice.

  3. 3

    3. File access

    Have the measurement, blood sample and procedure checked before you comment.

  4. 4

    4. Weigh the consequences

    Consider a driving ban, withdrawal of the driving license, MPU and probation-period consequences.

How to spot the scam

  • You hastily make statements on the matter without a prior check.
  • The significance (criminal offense, license withdrawal, MPU) is underestimated.
  • Probation-period or aptitude-seminar consequences are overlooked.

Frequently asked questions

From which blood-alcohol limit do I make myself criminally liable?

From 1.1 per mille absolute driving incapacity applies and there is a criminal offense (§ 316 StGB). Already from 0.3 per mille a criminal offense can exist if there are signs of impairment or an accident. Between 0.5 and 1.1 per mille it is regularly an administrative offense (§ 24a StVG).

What applies for novice drivers?

During the probation period and for drivers under 21 years, an absolute alcohol ban of 0.0 per mille applies. Even one violation leads to a fine, a point, an extension of the probation period and an aptitude seminar.

Must I make statements at a check?

About your person you must make statements (name, address). About the matter, that is about alcohol consumption or the drive, you do not have to comment. It is often advisable to first remain silent and have the accusations checked before commenting.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.