At particularly serious offenses In road traffic, it's no longer just a matter of administrative offenses. Rather, it can also be a traffic offense under the German Criminal Code (StGB). The StGB contains sections that explicitly refer to road traffic. These include the following cases:
- Driving without a license (§ 21 Road Traffic Act)
- License plate misuse (§ 22 Road Traffic Act)
- Hit and run or leaving the scene of an accident without permission (§ 142 StGB)
- Dangerous interference with road traffic or endangerment of traffic (§ 315b StGB and § 315c StGB)
- Illegal car racing (§ 315d StGB)
- Driving under the influence of intoxicating substances (e.g. alcohol or drugs while driving) (§ 316 StGB)
Driving under the influence of alcohol or drugs
Alcohol and drugs in road traffic are always a serious accusation, which endangers the driving license.
In Germany, the blood alcohol limit is generally 0.5 ‰. Up to this point, you will be exempt from punishment unless you commit an alcohol-related driving error such as running a red light, driving erratically, or causing an accident. In this case, a blood alcohol level of 0.3 ‰ can be considered to be relatively unfit to drive. Generally, a distinction is made betweenrelativeandabsolute inability to driveThe latter is present from 1.1 per mille. The closer the determined alcohol content is to the limit of absolute driving incompetence of 1.1 per mille, the lower the requirements for proof of the typical alcohol impairment. This means that at 1.0 per mille blood alcohol, even a small swerve is enough and your driving licence is in jeopardy. From 1.1 per mille, in any caseabsolute inability to driveThe court will then revoke the driver's license, and the driver's license office will be instructed not to issue the person concerned a new license before a certain period of time has elapsed, usually not before 10-12 months.
If you drive under the influence of drugs, you are committing an offense under the Narcotics Act (BtMG) or a traffic violation. The penalty for driving under the influence of drugs depends on the frequency of the offense.
Traffic offense: Rogert & Ulbrich recommends
Especially if you are accused of using alcohol or other illegal intoxicants while driving, you should have your case handled by a traffic lawyer Especially if an entry in the central traffic register in Flensburg already contains several points, the points imposed for the violation can become a problem. We will be happy to advise you on this free of charge and without obligation.
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