No matter how annoying the penalties for traffic violations in Germany may seem: fines, points and even driving bans are mild compared to the penalties under the Criminal Code (StGB). For example, if you drive a car with alcohol in your blood, you can be fined a large amount of money.
What is the fine for drunk driving in Germany? What other consequences threaten drunk drivers in Germany?
This instruction explains how the fine for driving while intoxicated is calculated, when the amount increases and what the consequences are expected to be.
What is the responsibility for driving a vehicle in Germany while under the influence of alcohol?
There are three aspects to consider when it comes to drink driving in Germany:
- Alcohol limit: Germany has an alcohol limit of 0.5. If you violate this, you face a fine of between 500 and 1,500 euros .
- Ability to drive : If you’re not only over the drink drive limit, but also drink- impaired , you could face jail time instead of a fine . The crime of “driving while intoxicated” is punishable by imprisonment for up to one year . Deterioration of driving can occur only at 0.3 ppm . With a value of 1.1 , it is automatically considered that you are unfit to drive .
- Danger to road traffic : if you create a danger to the rest of the road traffic due to the consumption of alcohol, the fine will be increased. Punishment in the form of imprisonment for a term of up to five years is provided for.
Therefore, it is at the discretion of the authorities or enforcement officers to determine whether you can still drive if your blood alcohol level is between 0.5 and 1.1 ppm .
What is the fine in Germany for driving under the influence of alcohol
Article 316 of the Criminal Code (StGB) provides:
(1) Whoever drives a vehicle in traffic, although he cannot safely drive a vehicle due to the consumption of alcoholic beverages or other intoxicating substances, shall be punished by imprisonment for a term of up to one year or a fine.”
But how is the amount of the fine calculated in this case? In criminal law, this is determined using daily rates . How high such a daily rate is depends on the economic situation of the accused. The approximate formula is as follows: daily rate = monthly net income / 30 .
One daily norm is equivalent to one day of imprisonment . If you commit the crime of “driving while intoxicated” according to Article 316 of the Criminal Code , the fine can be up to 365 daily rates . If you receive a fine of 90 daily rates or more, you are considered to have been convicted. The same principle applies if you have to pay a fine for creating a traffic hazard under article 315 of the Criminal Code . Since the law extends the punishment in the form of deprivation of liberty to five years , a significantly higher number of daily rates may be required.
Deprivation of a driver’s license in Germany
In addition to the sometimes hefty fine, you can expect to lose your driving license in Germany if you get behind the wheel with alcohol in your blood . According to Section 69 StGB :
(1) If a person is found guilty of illegal acts that he committed during or in connection with driving a vehicle or for violating the duties of a driver of a vehicle, […] the court shall deprive him of his driving license if the act shows that he not fit to drive vehicles”.
The crime of “driving while intoxicated “ usually always leads to the belief that the person concerned cannot drive safely. A new driver’s license can only be obtained after at least a six-month blocking period. If the driver’s license is not withdrawn, they may receive a ban on driving a vehicle for up to three months.
Can your driver’s license be revoked if you are not a German citizen?
In case of violation, a foreigner is prohibited from driving a car in Germany. However, the driver’s license can be confiscated only in certain cases and will be sent to the country of residence of the violator after the expiration of the driving ban if he is a tourist. For example, if the driver’s license is issued by any EU country and the person permanently resides in the country, then the driver’s license can be picked up in Germany at the place of residence. In other cases, a driving ban is simply noted in the driver’s license. This is how it is defined in Article 69b of the Criminal Code (StGB).
Do not drink while driving for your own safety and the safety of the people around you!