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Drink-driving and traffic offences (DUI) in Germany

What is called DUI or drink-driving in the United States and the United Kingdom is prosecuted in Germany as Trunkenheit im Verkehr under section 316 of the Criminal Code (StGB) or, where road safety is endangered, as Gefährdung des Straßenverkehrs under section 315c StGB. Drink-driving (drunk driving, DUI) is a criminal matter here, not a traffic ticket, and your driving licence is usually at stake alongside the penalty.

section 316 StGB

Blood alcohol limits in Germany

German law does not work with a single limit. It uses per mille figures (promille), which correspond to the blood alcohol concentration expressed in the United States as a decimal: 0.08 BAC equals 0.8 per mille.

From 0.3 per mille: criminal liability under section 316 StGB is possible if there are signs of impairment, such as weaving, an accident, or an unsteady manner during the stop. This is known as relative Fahruntüchtigkeit.
From 0.5 per mille: an administrative offence (Ordnungswidrigkeit) under road traffic law, dealt with by a fine and points, not by the criminal courts, as long as no signs of impairment are present.
From 1.1 per mille: incapacity to drive is presumed and cannot be rebutted (absolute Fahruntüchtigkeit). Section 316 StGB applies regardless of how you drove.
Drivers under 21 and holders of a probationary licence are subject to a zero limit under road traffic law, independently of the criminal thresholds.
Drugs and medication fall under the same provision: section 316 StGB covers alcohol and other intoxicants alike.

What happens after a drink-driving stop

The sequence is largely standardised, and each step has consequences that are difficult to reverse later.

In many cases the matter is concluded by a penal order (Strafbefehl) served by post. It becomes final without any hearing if no objection is lodged within two weeks of service. A report on a concluded case of this firm is published here: successful defence against a DUI charge.

Blood sample: a breath test is voluntary. A blood sample (Blutentnahme) can be ordered and is the evidence the file will rest on.
Provisional revocation of the driving licence under section 111a of the Code of Criminal Procedure (StPO): the licence is usually taken at the roadside and the entitlement to drive in Germany ends immediately.
Penal order (Strafbefehl) or indictment: the public prosecution office proposes a day-fine or a custodial sentence, in most cases combined with revocation of the licence.
Revocation and disqualification period: under sections 69 and 69a StGB the court revokes the licence and sets a Sperrfrist, a period during which no new licence may be issued. A driving ban (Fahrverbot) under section 44 StGB of one to six months is the milder alternative, after which the licence is returned automatically.
Medical-psychological assessment (MPU): the licensing authority may require this examination before a new licence is issued, in particular after high readings. It is an administrative step separate from the criminal proceedings.

If you hold a foreign or military driving licence

A German court cannot revoke a licence issued abroad, but it can withdraw the right to use it in Germany. Under section 69b StGB the revocation takes effect as a withdrawal of the right to drive on German territory, and a note is entered on a foreign licence document.

For a licence issued in a US state, this means the document itself remains valid at home while driving in Germany is prohibited for the duration of the disqualification period. Whether the German decision is reported to your state authority depends on the rules of that state, not on German law.

An international driving permit is only a translation of the underlying national licence. It confers no separate entitlement, so a withdrawal covers it as well.

Members of the forces and civilian components under the NATO Status of Forces Agreement drive on a licence issued by their own authorities. A German criminal decision can withdraw the right to drive on German roads outside the installation, and the outcome is typically reported to the command, which may take its own administrative measures. Disciplinary and security-clearance consequences follow their own rules and are decided by your own authority, not by the German court.

In every one of these cases the questions of the driving licence and of the criminal penalty should be dealt with together from the outset. We explain the German steps in English and coordinate with your employer's or your command's requirements where you ask us to.

Other traffic offences and how we act

Alongside drink-driving, the frequent allegations are leaving the scene of an accident (hit and run, unerlaubtes Entfernen vom Unfallort) under section 142 StGB, negligent bodily harm under section 229 StGB and negligent homicide under section 222 StGB after a road accident.

Requesting the case file and examining the blood sample, the measurement chain and the accident reconstruction
Lodging an objection against a penal order within the two week deadline, including objections limited to the legal consequences
Addressing whether revocation is required or whether a driving ban is sufficient
Applying for early termination of a disqualification period where the requirements are met
Advising on the licensing authority, the MPU and the position of professional drivers and foreign licence holders

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Arrested or questioned? Call us before you make a statement.

Frequently asked questions

Is a DUI a criminal offence in Germany or a fine?

Both exist. From 0.5 per mille without further signs of impairment, the matter is an administrative offence dealt with by a fine and points. From 1.1 per mille, and from 0.3 per mille where there are signs of impairment, it is a criminal offence under section 316 StGB and is dealt with by the criminal courts. This is where a drunk driving defense becomes necessary rather than simply paying a fine.

Will I lose my licence immediately?

In drink-driving cases the licence is usually taken at the roadside and provisionally revoked under section 111a StPO, so the entitlement to drive in Germany ends at once. The final decision on revocation and on the disqualification period is taken later by the court.

What is the blood alcohol limit in Germany?

1.1 per mille, that is 0.11 BAC, establishes incapacity to drive without any further evidence. From 0.3 per mille, criminal liability is possible where signs of impairment exist. From 0.5 per mille, an administrative offence is committed. Drivers under 21 and drivers in the probationary period are subject to a zero limit.

Does a German conviction show up in my home country?

That depends on the rules of your home country and on the agreements it has with Germany. A German conviction is entered in the German Federal Central Criminal Register, and within the European Union convictions are exchanged between the registers. Whether a US state, your employer or a visa authority learns of it is decided by their own rules, which we cannot answer for you. We set out what is recorded on the German side.

Do I have to attend the hearing in person?

As a rule the defendant must attend the main hearing. Where a penal order has been issued and the objection is limited to the legal consequences, or where a defence lawyer holds a written power of attorney in cases permitted by law, attendance can sometimes be dispensed with. Whether this applies has to be examined in the individual case, and we tell you before you book a flight.

This information is general in nature and does not replace advice on an individual case.