Criminal defense for Drug-Driving in Bonn

Legal Basis

§ 24a StVG / § 316 StGB

Sentencing Range

Regulatory offence (Section 24a StVG): fine, points, driving ban; a criminal offence if unfit to drive under Section 316 / Section 315c StGB

Summary

Driving under the influence of intoxicants – regulatory or criminal offence

An accusation of drug-driving under Section 24a of the Road Traffic Act or Section 316 StGB can cost you your licence and lead to a criminal record. What matters most is whether impairment and the attribution of the substance are actually proven. Attorney Philip Bafteh defends accused drivers in Bonn, Cologne and nationwide – on the basis of the case file, not the police report.

Drug-Driving in Germany – Overview

Driving under the influence of drugs can be one of two things: a regulatory offence under Section 24a of the Road Traffic Act (StVG) or a criminal offence under Section 316 or Section 315c StGB. Which applies depends on the concentration of the substance, signs of impairment and the manner of driving.

Regulatory offence or criminal offence?

Driving under the influence of certain intoxicants (such as cannabis, amphetamine, cocaine) is a regulatory offence under Section 24a StVG once the relevant limit is reached – even without concrete signs of impairment. It becomes a criminal offence where drug-related unfitness to drive is added: this constitutes driving while intoxicated (Section 316 StGB), or endangering road traffic (Section 315c StGB) where others are concretely endangered. Unlike alcohol, there is no fixed limit for drug-related unfitness; it is assessed from signs of impairment and the overall picture.

What consequences apply?

For the regulatory offence under Section 24a StVG, a fine, points and a driving ban apply. For the criminal offence, a fine or imprisonment is added, together with withdrawal of the driving licence and a bar period. In both cases a medical-psychological assessment (MPU) is often ordered as a condition for regaining the licence.

Defence

The defence examines the admissibility of the blood sample and its authorisation, the measurement of the substance concentration and – for the criminal offence – whether unfitness to drive is reliably established. As the consequences for the licence and a later MPU are significant, legal advice should be sought early. File inspection is advisable before any statement.

Frequently asked questions

Is drug-driving a criminal offence? It is a regulatory offence once the limit is reached, and a criminal offence if drug-related unfitness to drive is established.

Is there a fixed limit like for alcohol? For the regulatory offence there are analytical limits; for criminal unfitness there is no fixed limit – it is assessed from the overall picture.

Will I have to take an MPU? A medical-psychological assessment is often required to regain the licence.

Should I make a statement to the police? Not without legal advice; have the file inspected first and respond only through your lawyer.

Practical example and particularities

Example: A driver is checked; a blood test shows 2.5 ng/ml of THC. As the statutory limit for cannabis has been 3.5 ng/ml since the new rules, the regulatory offence under Section 24a StVG does not apply – unless drug-typical signs of impairment are added that establish unfitness to drive and thus a criminal offence.

A particularity compared with alcohol is the absence of a fixed limit for criminal unfitness: while for alcohol absolute unfitness applies from 1.1 per mille, for drugs it is always established case by case from signs of impairment. The consequences for the licence, which regularly entail a medical-psychological assessment (MPU), are added on top.

Related topic: possession of narcotics.

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

Summons or accusation of Drug-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 Drug-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.