Yves Junker is your drunk driving lawyer. You were stopped by the police and had alcohol in your blood? Then you should contact us as soon as possible.
Driving under the influence of alcohol is regulated in § 316 StGB (Criminal Code). The offence is driving a vehicle in (public road) traffic. The driver must be unsafe to drive. And this is due to the consumption of alcoholic beverages (or other intoxicating substances).
Drunk driving – lawyer explains the consequences
Driving while intoxicated can result in a prison sentence of up to one year or a fine. The law states that:
Whoever drives a vehicle in traffic, although he is not able to drive the vehicle safely as a result of drinking alcoholic beverages or other intoxicating substances, is punished with imprisonment up to one year or with a fine.
In addition, the driver's license is regularly revoked. The driver's license office is instructed not to issue a new driver's license before the expiration of a certain time (ban period).
How to behave after a drunk driving incident?
If you have been stopped by the police, you should exercise your right to remain silent. Give your name and address. Otherwise do not make any statements. Seek a lawyer as soon as possible afterwards. If you have received a statement in a drunk driving case, you should also first exercise your right to remain silent and hire a lawyer.
Do I need a lawyer after a drunk driving case?
The drunk driving charge is filed with the criminal judge at the district court. There is no need for a lawyer there. Nevertheless it is advisable not to defend yourself. In drunk driving cases it is primarily a matter of damage limitation. The amount of the fine or the ban period can be influenced positively. Often a main hearing in court can be avoided. For this one should fall back on the advice of a professional.
When can I get my driver's license back after driving drunk??
As a rule, the driver's license is revoked. The driver's license will be confiscated. In addition, a suspension period will be imposed. With the suspension period, the driver's license office is instructed not to issue a new driver's license to the offender before the period expires. The ban period is between six months and five years.
How do I get my driver's license back after driving drunk??
A new driving license can be issued at the earliest after the expiry of the ban period. File an application for reinstatement with the driver's license office. Anyone who has lost their driver's license with 1.6 per mille or more must also undergo a medical-psychological examination (MPU).