Driving ban
December 22, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello!
I am 22 years old and have had my driver's license since I was 18. (State of Bavaria)
Yesterday, I was at a birthday party and got pulled over by the police on my way home.
I had to take a breathalyzer test, which showed 0.46 on the device. They took me to the police station, where the breathalyzer showed 0.50. They told me not to take a blood test, as I would have to pay 130 euros for it myself. It seemed a bit strange to me.
This is my first offense of this kind and I have not committed any other offenses.
The officer told me I would face a 4-week driving ban and a fine of approximately 300 euros.
Now my question is:
I thought the limit was 0.5 and that's what the device showed. How can I convert the driving ban into a fine and roughly how much would that be? I urgently need my driver's license to get to work.
Thank you in advance,
Kind regards
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions based on the situation you have described as follows:
According to your description, it is likely that a preliminary test was conducted first. The police use a breathalyzer on-site to determine if there is sufficient suspicion of an offense.
If the second test results in 0.5 per mille, this constitutes an administrative offense according to § 24 para. 1 StVG. Therefore, if you are accused of having a blood alcohol level of 0.5 per mille or higher, the information provided by the police officer is unfortunately correct.
It is usually difficult to avoid the driving ban, but it is worth trying and requesting the authority to waive the driving ban in exchange for a higher fine. In exceptional cases, this may be possible if you rely on the vehicle for work and the driving ban would have a devastating impact on your livelihood.
The fine is typically increased by 25 to 100 percent. The exact increase is at the discretion of the authorities.
I strongly advise you to hire a lawyer to review the case file and represent your legal interests.
I have attached the relevant legal provision for your reference:
§ 24a StVG
0.5 per mille limit
III. (Criminal and administrative penalties)
(1) Any person who operates a motor vehicle in traffic with a blood alcohol level of 0.25 mg/l or more in the breath or 0.5 per mille or more in the blood, or whose alcohol content in the body leads to such a concentration in the breath or blood, shall be deemed to have committed an administrative offense.
(2) Any person who operates a motor vehicle in traffic under the influence of a narcotic substance listed in the annex to this provision shall also be deemed to have committed an administrative offense. Such influence exists when a substance listed in this annex is detected in the blood. This provision does not apply if the substance is derived from the proper intake of a medicine prescribed for a specific medical condition.
(3) Any person who commits the offense negligently shall also be deemed to have committed an administrative offense.
(4) The administrative offense may be punished with a fine of up to three thousand euros.
(5) The Federal Ministry of Transport, Building, and Urban Development is authorized to amend or supplement the list of intoxicating substances and substances in the annex to this provision in agreement with the Federal Ministry of Health and the Federal Ministry of Justice with the consent of the Bundesrat if this is necessary for road safety based on scientific knowledge.
I would like to point out the following:
The legal information I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts.
Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to contact me via my email address.
Wishing you a pleasant Tuesday afternoon!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
