Whether we use a means of transport like a car or participate in road traffic as pedestrians in Germany, we are all obliged to strictly follow the rules of the German Road Traffic Regulations (Straßenverkehrs-Ordnung, StVO). These regulations apply to all road users – regardless of whether they are German citizens or not.
In practice, traffic offences in Germany involving narcotics or alcohol have severe consequences. Such offences fall under the criminal standards of road traffic endangerment or drunk driving, which means that driving under the influence of alcohol or narcotics can constitute a criminal offence in Germany. The penalties vary enormously – from penalty points, a driving ban and driving licence suspension to fines and imprisonment.
In this context, the German law firm Schlun & Elseven Rechtsanwälte offers skilled and committed legal assistance. Our German lawyers will support you in the event of problematic fine notices and in criminal proceedings following an accident. We provide comprehensive advice regarding your rights as a defendant or accident victim. We help injured parties to enforce claims such as compensation and damages quickly and effectively. Please do not hesitate to contact us to benefit from our expertise.
DUIs in Germany
Driving under the influence of alcohol is not prohibited per se in Germany, but there are various limits. The amount of alcohol a driver is allowed to have in their system while driving, therefore, varies depending on the situation. The penalty for driving under the influence of alcohol also varies. The amount of alcohol consumed is always considered in the event of an accident, but also in the event of a check for dangerous driving, even if it is within the legal limits.
It is difficult to say how many drinks correspond to these limits, as everyone reacts differently to alcohol. Factors such as the amount of food consumed and state of health also play a role. Generally, a small beer (0.3 ml) is assumed to correspond to around 0.3 mg of alcohol per 100 mm of blood.
If a person is caught driving dangerously, the amount of alcohol in their body is considered, even if it is below the legal limit. A safe way to approach this problem is to avoid alcohol as much as possible or limit it to minimal amounts. Dangerous driving means any conspicuous behaviour that contradicts the principle of defensive driving see § 1 para. 1 StVO. “Endangering” is legally defined as causing a situation in which another person is put in danger. This includes, for example, overtaking too closely or driving through a yellow traffic light.
However, the limits for professional drivers (e.g. bus drivers) differ from those that apply to experienced private drivers. The former are expected to have a greater sense of duty, so there is less room for error.
The general limits in Germany also do not apply to young drivers (under the age of 21) and novice drivers (who have held their driving licence for less than two years), as they are subject to an alcohol limit of 0.0 mg per 100 ml of blood. So, even a small beer is too much in these cases. This group of drivers must, therefore, avoid alcohol altogether to comply with the regulations.
If the alcohol consumption limits are exceeded, if there is an alcohol addiction or if driving under the influence of alcohol is unsafe, the person concerned is no longer just committing an administrative offence but a criminal offence.
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| Blood Alcohol Content (BAC) | Category | Without Accident | With Accident |
For Repeat Offenders |
|---|---|---|---|---|
| Above 0.0 mg of alcohol per mm of blood: | Novice Drivers & Under 21 | €250 fine, one point on driving record, extension of probationary period | Fine or imprisonment, up to three points on driving record, license revocation, and MPU | Higher fine, up to three points on driving record, driving ban |
| 0.3 mg of alcohol per mm of blood | Relative Impairment | No consequences with normal driving behavior | Fine or imprisonment, up to three points on driving record, license revocation, and MPU | Higher fine, up to three points on driving record, driving ban |
| 0.5 mg of alcohol per mm of blood | Relative Impairment – Administrative Offence | €528.50 fine, two points on driving record, one month driving ban | Fine or imprisonment, up to three points on driving record, license revocation, and MPU | Second offence: €1,053.50 fine, two points, three-month driving ban Third offence: €1,578.50 fine, two points, three-month driving ban |
| 1.1 mg and above of alcohol per mm of blood | Absolute Impairment – Criminal Offence | Up to €3,000 fine or imprisonment, three or more points on driving record, at least six months driving ban, and MPU | Up to €3,000 fine or imprisonment, three or more points on driving record, at least six months driving ban, and MPU | Up to €3,000 fine or imprisonment, three or more points on driving record, at least six months driving ban, and MPU |
| 1.6 mg of alcohol and above per mm of blood: | Absolute Impairment – Criminal Offence | Up to €3,000 fine or imprisonment, three or more points on driving record, at least six months driving ban, and MPU | Up to €3,000 fine or imprisonment, three or more points on driving record, at least six months driving ban, and MPU | Up to €3,000 fine or imprisonment, three or more points on driving record, at least six months driving ban, and MPU |
It should also be noted that the limits and possible criminal liability apply to all motor vehicles – and, therefore, also to e-scooters, for example. According to Section 1 eKFV (German Regulation on the Participation of Small Electric Vehicles in Road Traffic), these are also considered motor vehicles and may not be driven under the influence of alcohol or only to a limited extent.
Cannabis users in Germany are completely prohibited from driving under the influence of alcohol. Anyone who violates this prohibition will usually be fined 1000 euros.
Narcotics in Traffic in Germany
If narcotics have been consumed before driving a vehicle, it is not just a question of fitness to drive or ability to drive. According to Section 24a (2) StVG, driving under the influence of one of the following substances is considered an administrative offence and is punishable by a fine of up to €3,000:
List of Intoxicating Products and Substances
| Intoxicating substances | Substances |
|---|---|
| Cannabis | Tetrahydrocannabinol (THC) |
| Heroin | Morphine |
| Morphine | Morphine |
| Cocaine | Cocaine |
| Cocaine | Benzoylecgonine |
| Amphetamine | Amphetamine |
| Designer amphetamine | Methylenedioxyamphetamine (MDA) |
| Designer amphetamine | Methylendioxyethylamphetamine (MDE) |
| Desginer amphetamine | Methylendioxymetamphetamine (MDMA) |
| Methamphetamine | Methamphetamine |
In addition to the fine, a driving ban is usually imposed for one to three months, see Section 25 StVG. The initiation of criminal proceedings may also accompany the administrative offence, as the consumption of narcotics is not a criminal offence, but their acquisition and possession are. Criminal offences relating to cocaine and the limits for cannabis are particularly common. The police will ask how the person concerned obtained the narcotics consumed – no statement should be made in this regard, but the right to remain silent should be applied.
An administrative offence does not exist if a doctor prescribed the narcotic taken and the person is not unfit to drive, Section 24a (2) sentence 3 StVG.
In addition to the already prohibited consumption of the narcotic drug, the police may have noticed drug-related symptoms, e.g. driving in serpentine lines. In such a case, it is not only an administrative offence under German traffic law but also – as with driving under the influence of alcohol – a criminal offence of drunk driving under Section 316 German Criminal Code (StGB).
Cannabis Consumption: Limits when Driving a Vehicle
With the German Cannabis Act, which came into force on 1 April 2024, cannabis has a special status compared to other narcotics. Driving under the influence of cannabis is still an administrative offence under § 24a StVG.
However, in the context of partial legalisation in Germany, the applicable limits have been adjusted. Since 22 August 2024, a new legal limit for the intoxicating substance tetrahydrocannabinol (THC) has been in force: Anyone driving a vehicle in Germany with at least 3.5 ng/ml of THC in their blood serum risks a fine of 500 euros and a one-month driving ban. The provisions are even stricter for drivers in their two-year probationary period and for drivers under the age of 21. As with alcohol, they are subject to a complete ban on cannabis. Offences are usually punished with a fine of 250 euros.
To take into account the particular danger of mixing cannabis and alcohol, cannabis users are absolutely prohibited from driving under the influence of alcohol in Germany. Anyone who does not comply with this is liable to a fine of 1000 euros.
As part of the partial legalisation, the possession of cannabis is no longer completely prohibited in Germany. However, there are limits relating to its possession. We will be happy to inform you about the conditions and quantities stipulated as part of the partial legalisation in Germany and about all other current developments in the context of cannabis. The purchase of cannabis in Germany is also subject to certain regulations but is no longer completely prohibited, as it is now possible to cultivate cannabis and purchase it via cannabis social clubs.
Non-German Residents and Driving Offences in Germany
International drivers in Germany are subject to the same driving laws and penalties as German residents. If a non-German driver commits a traffic offence resulting in a driving ban or fine, they will face these penalties, regardless of whether their driving licence was issued in another EU country. German traffic laws, particularly § 25 (2) StVG, apply to all road users within the country, regardless of nationality or place of residence. This means that non-German drivers are also subject to the same fines, driving bans, and potential prison sentences as German drivers.
In cases of serious traffic offences, authorities may require the individual to surrender their driving licence to a German authority so that the driving ban can be recorded. If the licence is not voluntarily handed over, it may be confiscated. This record informs authorities of the ban and its duration. It is important to note that traffic fines issued in Germany can also be enforced on non-residents.
Driving bans in Germany typically last between one and three months, depending on the severity of the violation. Common offences include speeding, failing to maintain a safe distance, using a mobile phone while driving, or driving under the influence of alcohol or drugs (exceeding the 0.5 per mille limit).
For international drivers, it is crucial to understand the distinction between a “driving licence” (Führerschein) and “permission to drive” (Fahrerlaubnis). In Germany, the licence is simply a document proving your right to drive, and forgetting to carry it may result in a minor fine. However, a driving ban temporarily suspends your actual right to drive. Driving while banned is considered a criminal offence under § 21 StVG and can lead to a prison sentence of up to one year or a significant fine. This distinction between the physical driving licence and the legal permission to drive is not common in all countries, but it is essential to understand the legal framework in Germany. Failing to adhere to these rules can result in serious legal consequences.
At Schlun & Elseven Rechtsanwälte, we provide expert legal advice to international clients facing driving bans, fines, or other traffic sanctions in Germany. If you need professional assistance, please feel free to contact our team for tailored legal support.
Driving Bans in Germany: What You Need to Know
Driving bans in Germany are a serious penalty for traffic violations, including offences like speeding, using a mobile phone while driving, and driving under the influence of alcohol or drugs. Governed by the Road Traffic Act (StVG), these bans typically range from one to three months, depending on the severity of the offence. Both residents and international drivers are subject to the same penalties, and violating a driving ban can lead to more severe consequences, such as higher fines or imprisonment.
If you are facing a potential driving ban, it is important to explore your legal options. In some cases, the ban can be challenged, particularly if procedural errors occurred or if there are mitigating circumstances. Additionally, it may be possible to request a postponement of the ban if it would severely impact your employment or personal life.
At Schlun & Elseven Rechtsanwälte, we provide expert legal guidance for individuals dealing with driving bans in Germany. Our experienced team will assess your case, identify possible defences, and help you navigate the legal process. Contact us for tailored legal advice and to discuss how we can assist in reducing the impact of a driving ban.
Driving While Under a Driving Ban in Germany
Driving bans are imposed in Germany for serious traffic offences, such as DUIs or repeated violations, and generally last between one and three months. During this period, individuals are prohibited from operating any motor vehicle, including motorcycles and mopeds. Authorities may also confiscate the individual’s driving licence for the duration of the ban.
Driving while under a ban is a criminal offence with serious consequences. It indicates a willful breach of the law, which can result in harsher penalties such as larger fines, additional penalty points, or even imprisonment. For repeat offenders, these penalties increase, and the court may order the confiscation of the vehicle. Persistent offenders may also be required to undergo a medical-psychological examination (MPU) before they can apply to regain their driving licence.
According to § 21 StVG, vehicle confiscation is an option for repeat offenders, especially if the individual has been banned from driving within the last three years. The court has discretion in deciding whether to apply this penalty. However, if someone simply forgets to carry their driving licence, this is treated as an administrative offence, typically resulting in a small fine between €10 and €25. Minor infractions like this, or failing to wear required corrective lenses, are handled differently from more serious offences like DUIs or driving while banned.
Practice Group: German Criminal Law
Practice Group:
German Criminal Law
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