Driving under the influence - Summons to the police station
May 31, 2011 | 25,00 EUR | answered by Bernhard Müller
Hello,
about 4 weeks ago, after a party and an argument with my wife, I got behind the wheel at night and drove 4 km to the next town where I ended up in a police control. The alcohol test showed 1.6, after which I had to undergo a blood test. I still haven't received the results. The police confiscated my driver's license on the same day. Today, I received a summons to the police for tomorrow afternoon. I am currently on vacation, but as a driver, I rely on my driver's license for work. I currently have 4 points in Flensburg due to speeding violations (3+1). How should I behave at the police station tomorrow? Would it be advisable to hire a lawyer (I do not have legal insurance) or would that not make much of a difference?
Dear questioner,
Since you were caught in the act, and the evidence against you is clear, even a lawyer may not be able to prevent a conviction for driving under the influence § 316 of the German Criminal Code. Absolute impairment of driving ability already occurs at 1.1 per mille. (Tröndle/Fischer Rz. 6 to § 316)
However, when it comes to the punishment of up to one year imprisonment or a fine, it is crucial whether you acted intentionally or negligently. This is where a lawyer can still achieve something.
Therefore, it is best to refuse to make a statement. You are not obligated to comply with a police summons. Briefly inform the police that you will not attend the appointment, refuse to make a statement, and have your lawyer request access to the files first.
Best regards,
Bernhard Müller
Attorney at Law
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