Oktoberfest in Munich attracts millions of visitors from around the world every year. For most, it is an unforgettable occasion of shared celebration, flowing beer, and carefree festivities, but it also carries risks. Legal trouble or an arrest at the Wiesn (as locals call the festival grounds) can quickly turn a great festival into a nightmare. The allegation might involve assault, theft, sexual assault, drug possession, or another criminal offense.

At Schlun & Elseven, we understand how distressing an allegation like this can be. Anyone in this situation should involve an experienced criminal defense lawyer as early as possible.

If you or a family member has already received a summons for police questioning (Vorladung) or an arrest warrant (Haftbefehl), speak to us first, before you make any further statements to the authorities.

The Legal Challenges at Oktoberfest

Oktoberfest regularly brings festival-goers and visitors into contact with the police, and hundreds of people are arrested during the festival every year. Below, we look at some of the most common legal issues visitors face and what these incidents can mean in legal terms.

Assault

Physical assault is among the most common legal problems at Oktoberfest. In 2025, 236 assault offenses were reported at the festival, a noticeable rise from 212 in 2024. Under Section 223(1) of the German Criminal Code (Strafgesetzbuch, StGB), assault (Körperverletzung, literally “bodily harm”) carries a prison sentence of up to five years or a fine. Even an attempt is a criminal offense. An assault charge in Germany can result in a criminal record, a fine, or a prison sentence.

Theft

The crowds and bustle of Oktoberfest create opportunities for pickpocketing and other forms of theft, which carry criminal consequences for those responsible. According to the latest figures published by the Munich police, 170 theft offenses were reported at Oktoberfest 2025 (2024: 158), including 55 cases of pickpocketing (2024: 38). A theft conviction can lead to criminal penalties, including fines, and lasting damage to a person’s reputation.

Drug Offenses

The possession, supply, or use of illegal substances can have serious legal consequences, including imprisonment and a criminal record with lasting effects. According to the police’s final report on Oktoberfest 2025, 148 drug offenses were reported (2024: 133), another increase. Most cases involved cocaine. There were also 13 breaches of the cannabis rules, involving people smoking marijuana on the festival grounds. Although adults in Germany may possess limited amounts of cannabis under the Cannabis Act (Konsumcannabisgesetz, KCanG), smoking it at Oktoberfest is not permitted.

Tip: The same principles apply at Oktoberfest as at any other large event. We cover what to do if you are caught with drugs at a German music festival, including the legal consequences and how a lawyer can help.

Public Intoxication and Drunk Driving

Oktoberfest is famous for its beer, but drunkenness in public can lead to legal problems. For example, drinking alcohol is prohibited on Munich’s subway (U-Bahn), suburban trains (S-Bahn), buses, and trams.

Riding an e-scooter under the influence of alcohol is another common problem. In Germany, e-scooters are classed as motor vehicles, so the same blood alcohol limits apply as for driving a car. Anyone caught riding an e-scooter while drunk risks having their driver’s license confiscated or revoked. Drunk-driving cases rose to 438 in total (2024: 322), 252 of which involved e-scooters. In 291 cases, police seized the driver’s license.

The penalties for drunk driving in Germany depend on the driver’s blood alcohol level and whether they showed signs of impairment. Anyone whose license has been revoked for an alcohol-related offense may need to pass an MPU (Medizinisch-Psychologische Untersuchung, a medical-psychological assessment) before getting their license back.

Sexual Offenses

Allegations of sexual offenses come up regularly at large events like Oktoberfest. In 2025, 72 offenses against sexual self-determination (the German legal term for sexual offenses) were reported. These included five alleged rapes and ten cases of upskirting, where images of a person’s intimate area are taken without their consent. Most of the remaining cases involved sexual harassment.

Our lawyers have extensive experience advising clients facing allegations of sexual offenses on what to expect under German law and how to respond.

What Are the Possible Legal Consequences?

Depending on the seriousness of the offense and the available evidence, individuals may face a range of consequences, including:

• Criminal charges
• Arrest and detention
• Fines and restitution
• Probation
• A criminal record
• Immigration consequences for non-German nationals
• Negative effects on employment and future prospects

For non-German nationals living in Germany, a criminal conviction can also affect an application to extend a residence permit or to naturalize as a German citizen. This is why our lawyers look at the criminal and immigration sides of a case together.

Legal Rights When Arrested at Oktoberfest

Being arrested at Oktoberfest or any other event is a distressing experience. It is particularly difficult for tourists and international residents who may not know their rights under German law, and language barriers can make the situation even more stressful. Even visitors from within Germany are often unsure how to respond to an allegation. It is important to know your rights and how to exercise them. Below, we explain the rights you have if you are arrested at Oktoberfest, and why it is important to stay calm and cooperative while exercising them.

Right to Remain Silent

You are required to give the police your personal details, such as your name, date of birth, and address. Beyond that, you generally do not have to answer any questions about the allegations. It is often in your interest to exercise this right until you have spoken to a lawyer. At Schlun & Elseven, we cannot stress enough how important this is. Anything you say at this stage can be used later and may harm your defense.

Right to a Defense Lawyer

In Germany, anyone facing a criminal allegation has the right to a defense lawyer. This right can significantly affect the outcome of your case. Under Section 136(1) of the German Code of Criminal Procedure (Strafprozessordnung, StPO), the police must inform you of two things at the start of any questioning. First, you are free to either respond to the allegations or remain silent. Second, you may consult a defense lawyer of your choice before you are questioned. Do not make any statements or sign any documents before speaking to a defense lawyer.

Right to an Interpreter

If you do not speak sufficient German, you are entitled to an interpreter free of charge in criminal proceedings, including during police questioning. If you are arrested, you must also be informed of your rights in a language you understand. As a foreign national, you can ask for your consulate to be notified. Do not sign any record written in German unless you fully understand what it says.

Right to Object to a Search

In some situations, the police may want to search you or your belongings. As a general rule, a search requires a court order. However, police officers may carry out a search without first obtaining one where there is a risk that evidence would otherwise be lost. German law calls this Gefahr im Verzug, which corresponds to “exigent circumstances” in other legal systems (Section 105 StPO).

If the police search you, do not physically obstruct them. Instead, calmly state that you object to the search, and have a lawyer review it afterward.

How Our Criminal Defense Lawyers Can Help

Getting legal advice early helps you avoid the most common mistakes: making unconsidered statements to the police, signing records without having them checked first, or missing deadlines later in the proceedings.

At Schlun & Elseven, our criminal defense team represents clients throughout Germany and remotely, including people who were only visiting the country. We provide our legal services to international clients in English wherever possible. We assess your situation, explain the next steps in plain language, and handle all communication with the German authorities on your behalf.

If you or a family member is facing a criminal complaint, a summons, or an arrest after Oktoberfest, contact us as soon as possible. If in doubt, speak to us before you make your first statement.