Alcohol behind the wheel
December 3, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
Three weeks ago, I met up with my buddy and his wife. There, I drank a wine spritzer that was more water than wine. I found this to be fine. My buddy and his wife also tried the wine spritzer and also noticed that it consisted more of water than wine.
Well, I was on my way home when the police stopped me and the blood test showed 1.06 per mille. I never thought that this wine spritzer would raise my per mille level so high. But the fatigue and the fact that I hadn't eaten anything all day probably also contributed to it.
This is not an excuse, I am embarrassed that this happened to me. This is the first time since I got my driver's license in 1987, I usually always pay attention and either have someone drive me or take a taxi.
Today, the police called me to come in and make a statement. It could be considered an administrative offense or, depending on the judge, a crime leading to a driver's license suspension.
I was expecting a four-week suspension, and tomorrow will be three weeks already, but is it really possible that I could lose my driver's license completely on the first offense?
Thank you in advance for a quick response and I remain
Yours sincerely
Dear Seeker,
Thank you for your inquiry!
I would like to address your questions considering the circumstances you have described as follows:
Even if you feel like you have consumed relatively little alcohol, the factors you mentioned unfortunately come into play. It is not only about how much you have drunk, but also about how quickly and freely the alcohol can enter your bloodstream based on what and how much you have eaten beforehand.
If you have not eaten for a long time, alcohol can enter your bloodstream much faster and more freely, potentially resulting in higher blood alcohol levels.
According to the case law of the Federal Court of Justice (BGH), a blood alcohol level of 1.1 per mille in road traffic (1.6 per mille for bicycles) constitutes absolute driving incapacity. This absolute driving incapacity or driving a vehicle in this state constitutes a criminal offense under § 316 of the German Civil Code.
So, in a way, you could say you were just "lucky." Since you are below the threshold of 1.1 per mille (even if only slightly), it is still considered a misdemeanor.
You can expect the following consequences:
4 points in Flensburg, a fine of 250 euros (possibly higher), and a one-month driving ban.
I have also attached a very informative article on this topic for you to read:
http://www.promillefahrt.de/artikel.htm
One final note:
The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary 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. Feel free to contact me through the follow-up option on this portal or via my email address for further assistance.
I wish you a pleasant Thursday afternoon!
Sincerely,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
