Another area where dealing with cocaine can lead to a criminal conviction is driving under the influence of cocaine.
Anyone who drives a vehicle in road traffic, although they cannot drive safely due to taking intoxicating substances, such as cocaine, is liable to prosecution under § 316 German Criminal Code and faces a fine or imprisonment of up to one year. In addition, the driving licence may be revoked on this basis.
Driving under the influence of cocaine also becomes particularly relevant if the person concerned is involved in a traffic accident. This is because if the influence of cocaine causes an accident in which the life and limb of another person or property of others are concretely endangered, the penalty under § 315c German Criminal Code is up to five years imprisonment.
The person’s punishability under § 316 and § 315c StGB depends on whether the driver was “fit to drive”, i.e. able to drive their vehicle safely. The respective amount consumed can be decisive for this.
To determine the consumption of cocaine, a so-called “drug wipe test” is first carried out on the suspected person, with which it can generally be determined whether narcotics have been consumed at all. A blood test can be ordered to determine the specific value if this test is positive. In the case of such an order, it is recommended to contact an experienced criminal lawyer to secure one’s rights vis-à-vis the prosecution authorities.
Irrespective of the amount consumed, a misdemeanour according to § 24a para. 2 StVG (German Road Traffic Act) may be committed, which may result in a fine of up to 2000 Euros. According to this, it is an administrative offence to drive a motor vehicle while under the influence of an intoxicating substance such as cocaine. The effect is indisputable if the substance can be detected in the blood.
Therefore, the question of “fitness to drive” does not arise in the law on administrative offences. Furthermore, a driving ban can be legally ordered according to § 25 StVG, and the driving licence can be withdrawn.
In such cases, the driving licence is threatened, and personal mobility is at stake. It is essential to contact an experienced legal expert in German criminal law for further information and support.