Criminal defense for Drink Driving in Bonn

Legal Basis

§ 316 StGB

Sentencing Range

Imprisonment of up to one year or a fine; Fahrerlaubnisentzug

Summary

Operating a vehicle in public traffic while unfit to drive due to alcohol or other intoxicating substances

Drunk Driving (Section 316 German Criminal Code) – Criminal Defense Against Drunk Driving Charges

Drunk driving is one of the most frequently prosecuted offences in Germany. Tens of thousands of criminal investigations are initiated each year for driving while intoxicated. The consequences range from substantial fines and driving licence revocation to imprisonment – particularly for repeat offenders or where an accident has occurred. For expats in Germany, it is crucial to understand that the legal limits and consequences differ significantly from many other countries.

Statutory Text – Section 316 StGB

Paragraph 1: Whoever operates a vehicle in traffic while unfit to drive safely due to the consumption of alcoholic beverages or other intoxicating substances shall be punished with imprisonment of up to one year or a fine, provided the act is not subject to a penalty under Section 315a(1) no. 2 or Section 315c(1) no. 1(a).

Paragraph 2: The same penalty applies to whoever commits the act negligently.

Elements of the Offence in Detail

Operating a vehicle: This covers any vehicle within the meaning of road traffic law – motor vehicles as well as bicycles and e-scooters. The decisive factor is that the offender sets the vehicle in motion or steers it while driving. Merely sitting in a parked vehicle with the engine running is generally insufficient.

In traffic: The offence must be committed in public road traffic. This includes all publicly accessible traffic areas, including car parks and petrol stations.

Unfitness to drive: Unfitness to drive is the central element. At a blood alcohol concentration (BAC) of 1.1 per mille (approximately 0.11%), absolute unfitness to drive is established – no further evidence of impairment symptoms is required. At a BAC between 0.3 and 1.09 per mille, so-called relative unfitness applies; here, additional alcohol-related impairment symptoms (driving errors, physical symptoms) must be proven. For other intoxicating substances (drugs, medication), there are no absolute thresholds; unfitness must always be demonstrated through impairment symptoms.

Intent and negligence: Both intentional and negligent commission are punishable (para. 2). A person acts negligently if they could and should have recognised their own unfitness to drive.

Typical Methods of Commission

The most common scenarios involve driving after alcohol consumption during evening and night hours, so-called residual alcohol driving the morning after a night of heavy drinking, driving under the influence of cannabis, cocaine, or other controlled substances, and driving under the influence of medication with intoxicating effects. Increasingly, riding e-scooters while intoxicated is also being prosecuted, with the same BAC thresholds applying.

Sentencing Range

The penalty is imprisonment of up to one year or a fine. First-time offenders typically receive a fine of 30 to 60 daily rates. In addition, revocation of the driving licence (Section 69 StGB) is regularly imposed with a lock-out period for re-issuance of typically 6 to 12 months (significantly longer for repeat offenders). At a BAC of 1.6 per mille or above, or in cases of repeated offending, re-issuance is made conditional upon passing a Medical-Psychological Assessment (MPU).

Typical Defense Strategies

Defense in drunk driving cases frequently focuses on the admissibility of the blood sample. Procedural errors in the blood draw – such as a missing judicial order, faulty documentation, or violations of sampling guidelines – can render the BAC result inadmissible. In cases of relative unfitness, it is examined whether the identified impairment symptoms are actually attributable to alcohol consumption. The so-called post-driving consumption claim – the assertion that the accused consumed additional alcohol after driving – can also be relevant in individual cases. Furthermore, the question of negligence offers points of attack where the offender underestimated their level of intoxication. Attorney Bafteh examines every case for procedural errors and individual defense possibilities, particularly with the aim of preventing licence revocation or shortening the lock-out period.

Typical case groups in drink-driving (§ 316 StGB)

Whether by car, bicycle or e-scooter – the blood-alcohol limits and consequences differ considerably. Besides the penalty, it is almost always about the driving licence and a possible medical-psychological assessment (MPU).

Car: absolute and relative unfitness to drive

For motor vehicles, absolute unfitness applies from 1.1 per mille. Relative unfitness can already exist from 0.3 per mille if alcohol-related signs of impairment are present. Where there is a danger, § 315c StGB applies.

E-scooter

E-scooters count legally as motor vehicles; in principle the same limits as for cars are applied. A drink-driving ride on an e-scooter can therefore lead to the withdrawal of the driving licence – including for driving a car.

Bicycle

For bicycles, the limit of absolute unfitness lies at 1.6 per mille. Even here the licensing authority may order an MPU, even though no motor vehicle was driven.

Driving licence, bar period and MPU

The withdrawal of the driving licence under §§ 69, 69a StGB and a bar period are the most far-reaching consequences. From 1.6 per mille an MPU is regularly required. Early defense can influence the bar period and questions of aptitude.

Note: This information is general and does not replace advice in an individual case.

Criminal courts in Bonn and Cologne

Proceedings in the region are usually handled by the public prosecutor’s office (Staatsanwaltschaft) in Bonn or Cologne, with penalty orders and trials before the Bonn Local Court (Amtsgericht Bonn) or the Cologne Local Court; more serious cases go to the Regional Court (Landgericht). Criminal defense attorney Philip Bafteh represents English-speaking clients at all stages – from the first letter to the trial.

Frequently asked questions

At what blood alcohol level is driving a criminal offence? From 1.1‰ driving is always a criminal offence (absolute unfitness); from 0.3‰ it can be one if there are signs of impaired driving.

Will I lose my driving licence? A conviction under Section 316 usually leads to withdrawal of the licence (Section 69) with a waiting period before a new one can be issued; an MPU assessment may follow at higher levels.

Does this also apply to bicycles and e-scooters? Yes – drink driving applies to all vehicles; for cyclists the absolute limit is higher (1.6‰), e-scooters are treated like motor vehicles.

Should I make a statement about my drinking? No – statements about amount and timing of consumption can close defense options. Case file review comes first.

Summons or accusation of Drink Driving? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Drink Driving requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Driving licence, bar period and MPU

In traffic cases, the threatened loss of the driving licence often weighs more heavily than the sentence itself. The defence examines the provisional withdrawal under Section 111a StPO, the length of the bar period under Section 69a StGB and the distinction between withdrawal and a temporary driving ban. The requirements for a later medical-psychological assessment (MPU) for re-issue should also be considered early.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.