Criminal law · Alcohol

Drink and Drug Driving in Germany: Limits, Penalties, Defence

Whether you face a fine or a criminal case often depends on one decimal place – and on how carefully it was measured. We check the test, the back-calculation and the file before you say anything.

0.5 ‰
fine from here: first time €500, 2 points, 1-month ban
1.1 ‰
absolute unfitness to drive a motor vehicle – always a crime
3.5 ng/ml
THC limit in blood serum since August 2024
Contents
  1. German alcohol limits at a glance
  2. Fine or crime: § 24a StVG, § 316 and § 315c StGB
  3. Breath test, blood test and drinking after driving
  4. Cannabis and other drugs
  5. Prescription medication
  6. E-scooters and bicycles
  7. Consequences for your licence and the MPU
  8. At a police check

A drink- or drug-driving case in Germany runs on two tracks: the fine or criminal proceedings, and a separate review by the driving licence authority. Both depend on test results that are not always as clear-cut as the police report suggests.

Aleksander Sigal, a Fachanwalt für Verkehrsrecht (lawyer certified in traffic law) in Berlin, checks how the result was obtained, whether the back-calculation is correct and which consequences are realistic. He advises in English, German and Russian.

German alcohol limits at a glance

Germany states blood alcohol in per mille (‰): 0.5 ‰ corresponds roughly to 0.05 % blood alcohol. Do not rely on the limits you know from home.

Alcohol at the wheel: limits and consequences (first offence)
LevelWho / whenCategoryTypical consequence
0.0 ‰probationary period and under 21regulatory offence€250, 1 point; on probation also a course and extension to 4 years
from 0.3 ‰with signs of impairment or an accidentcriminal offencefine or prison, revocation as a rule
from 0.5 ‰motor vehicles, no signs of impairmentregulatory offence (§ 24a StVG)€500, 2 points, 1-month driving ban
from 1.1 ‰motor vehicles including e-scooterscriminal offencefine or prison, revocation as a rule
from 1.6 ‰all vehicles, including bicyclescriminal offencealso, as a rule, an MPU

A second offence at 0.5 ‰ or more costs €1,000, a third €1,500, each with a three-month ban. In fine proceedings, a breath alcohol level of 0.25 mg/l counts the same as 0.5 ‰. New drivers should also read about the probationary period.

Fine or crime: § 24a StVG, § 316 and § 315c StGB

Between 0.5 and 1.09 ‰ without any noticeable impairment, it is a regulatory offence (Ordnungswidrigkeit) handled by the fines office. You do not get a criminal record.

It becomes a crime if you were unfit to drive. For drivers of motor vehicles, this is assumed from 1.1 ‰ without further proof (BGH, order of 28 June 1990 – 4 StR 297/90). Below that, even from 0.3 ‰, typical signs of impairment are enough: weaving, an unexplained driving error, an accident. Without danger to others, this is drunk driving (Trunkenheit im Verkehr, § 316 StGB), punishable even if negligent. If people or valuable property were actually put at risk, it is endangering road traffic (§ 315c StGB), with a much higher penalty range.

Whether a driving error was really caused by alcohol, or could have happened to a sober driver, is often disputed. For the course of criminal proceedings, see our overview of traffic criminal law.

Breath test, blood test and drinking after driving

The handheld breath test at the roadside is voluntary, as are coordination tests such as walking a line. You are not obliged to take the evidential breath test at the station either. If you refuse and there is a suspicion, a blood test is usually ordered. A correctly conducted breath test can be used in fine proceedings; a criminal conviction requires a blood test.

You must tolerate the blood test. For suspected drink driving, police or prosecutors may order it without a judge (§ 81a StPO). In the file we check sampling time, analysis and back-calculation.

A special case is drinking after the journey (Nachtrunk): alcohol consumed only after driving may not be attributed to the driver. Courts check such claims critically, for instance by congener analysis. Drinking after an accident before the police arrive can also cause trouble with your own insurer.

Cannabis and other drugs

Possession of cannabis by adults was partly legalised in 2024, but the rules for driving remain strict. Since 22 August 2024, driving a motor vehicle with 3.5 ng/ml THC or more in blood serum is a regulatory offence (§ 24a StVG). The standard penalty mirrors the 0.5 ‰ rule: €500, two points and a one-month ban. Combining cannabis with alcohol carries a higher maximum fine of €5,000 instead of €3,000.

Drivers on probation and under 21 may not drive under the influence of cannabis at all; the fine is €250 plus a point. For other drugs such as cocaine or amphetamines, any detection in the blood is enough for a fine, and the licensing authority usually assumes unfitness to drive after a single use.

Regardless of limits, signs of impairment can still make it a crime under § 316 StGB. A single journey above the THC limit does not automatically lead to an MPU, but repeated offences or other signs of misuse do (§ 13a FeV).

Prescription medication

There is an exception for prescribed medicines: if a substance comes from taking a medicine as prescribed for a specific illness, § 24a StVG does not apply. This includes medical cannabis. If medication makes you unfit to drive, it is still a crime under § 316 StGB. Follow the leaflet and your doctor's advice and carry the prescription with you.

E-scooters and bicycles

E-scooters count as motor vehicles, so the car limits apply: 0.5 ‰, 1.1 ‰ and 3.5 ng/ml THC. After drunk e-scooter riding, the court can also revoke your car licence.

Cyclists have no 0.5 ‰ limit and no THC limit. It is a crime with signs of impairment from 0.3 ‰ or in any case from 1.6 ‰, a threshold for cyclists developed by the higher courts (e.g. BayObLG, order of 28 February 1992 – 1 St RR 30/92). From that level, the licensing authority usually orders an MPU, even though you were on a bicycle. If you do not provide it, you lose your driving licence.

Consequences for your licence and the MPU

If drink driving is a criminal offence, the court as a rule revokes the licence and sets a period of at least six months before a new one may be issued. The licence is often seized at the roadside. In fine proceedings, by contrast, you get a temporary driving ban and receive the licence back afterwards.

The licensing authority usually requires an MPU (medical-psychological assessment) from 1.6 ‰, after repeated alcohol offences and sometimes below that, for example if no signs of impairment were found despite a high level. Add two or three points and, after an accident, a possible claim by your liability insurer of up to €5,000. Anyone who drives off after an accident also risks proceedings for hit and run.

At a police check

  1. Stay calm. Show your licence and vehicle documents and give your personal details.
  2. Say nothing about the facts. You do not have to answer questions such as "What have you been drinking?"
  3. Know what is voluntary. You may decline the handheld test and coordination tests, but do not resist an ordered blood test.
  4. Ask for an interpreter. If you do not fully understand German, say so and do not sign anything you have not understood.
  5. Contact a lawyer. Get advice before making any written statement.

FAQ

Quick answers

Answers to the questions we are asked most often on this topic.

What is the drink-driving limit in Germany?

For most drivers, 0.5 ‰ (0.25 mg/l breath alcohol) is the limit for a fine: €500, two points and a one-month ban for a first offence. With a motor vehicle, from 1.1 ‰, or from 0.3 ‰ with signs of impairment, it is a criminal offence and the licence is usually revoked.

Do I have to take a breath test in Germany?

No. Both the roadside test and the evidential breath test at the station are voluntary. If you refuse and there is a suspicion, the police will usually order a blood test, which you must tolerate. You only have to give your personal details, not answer questions about the facts.

How long after smoking cannabis can I drive?

There is no safe waiting time. How long THC stays above 3.5 ng/ml depends on the amount, the way it was consumed and frequency of use. With regular use, the level can stay raised much longer than any noticeable effect. Drivers on probation and under 21 face a strict ban, and mixing with alcohol carries higher fines. If in doubt, leave the car.

Do the limits apply to e-scooters and bicycles?

For e-scooters, yes: they are motor vehicles, so 0.5 ‰, 1.1 ‰ and the 3.5 ng/ml THC limit apply, and your car licence can be revoked. Cyclists commit a crime from 1.6 ‰, or from 0.3 ‰ with signs of impairment. From 1.6 ‰, cyclists can also be ordered to undergo an MPU, on which their driving licence then depends.

I have a foreign licence – what happens after drink driving?

German rules apply to everyone driving in Germany. A driving ban or revocation means you may not drive here for that period or until a new right to drive is granted. Letters and deadlines are in German, but you are entitled to a free interpreter in criminal proceedings. Mr Sigal explains the letters and defends you in English.

Can the blood test result be challenged?

The laboratory analysis itself is usually reliable. Weak points tend to lie around it: an unclear time of sampling, a faulty back-calculation to the time of driving, drinking after the journey that was not considered, or gaps in documentation. Whether your case offers an opening becomes clear after reviewing the file.

Summoned or charged? No statement before we have seen the file.

As a suspect you do not have to answer police questions about the incident. Against a penalty order (Strafbefehl) you have only 2 weeks to object.

Request a defence

Contact

Summons or penalty order? Let’s talk.

Tell us briefly what happened – calling is fastest. Please have your fine notice, hearing letter or accident report to hand.

+49 30 86 20 12 40
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Rechtsanwalt Aleksander Sigal
Wittelsbacherstr. 21
10707 Berlin-Wilmersdorf, Germany
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