Penalties and limits according to § 316 StGB & § 24 StVG

Driving home after a party after you’ve had a few beers can get you into real trouble. Here you can find out what you should definitely follow and what penalties are imminent if you get behind the wheel despite drinking alcohol.

When are you unfit to drive because of drunk driving?

If you are still in the probationary period or not yet 21 years old, you must completely sober be. Otherwise, you already have facts that older and more experienced drivers only have from 0.5 per thousand.

From this age limit, the well-known and in § 24a Road Traffic Act set limit at 0.5 per thousand. However, this does not mean that you are off the hook if you are checked with 0.4 per mille. Because here it is not taken into account until when a driver is really fit to drive and thus is able to drive his vehicle safely. This includes cars on the one hand, but also motorcycles from the 200 hp Kawasaki to mopeds on the other. You should also be sober when using e-scooters.

if you already from 0.3 per mille noticeable driving errors then you can already be accused of drunk driving at this relatively low blood alcohol concentration (BAC). The reason for the driving errors could be so-called alcohol-related failures. These include, for example, a disturbed sense of balance and fine motor skills as well as disorientation, but also an increased willingness to take risks. Since the unfitness to drive cannot yet be taken for granted with this BAK, the condition is referred to as the relative unfitness to drive.

The absolute unfitness to drive is already reached at 1.1 per thousand. From then on it doesn’t matter whether you could still drive safely. If you are stopped at the wheel with 1.6 per mille, the medical-psychological examination (MPU) will be ordered immediately.

In a separate article, we will explain how you can optimally prepare for this.

If you are even more drunk, it may happen at some point reduced liability is. This is already the case from 2 per mille and from 3 per mille you could even be considered incapacitated. That means you were too drunk to see the wrong of what you did. Since you were not of sound mind at the time of the drunk driving, the penalty can be increased Section 21 of the Criminal Code be mitigated.

Penalties according to § 24 StVG: Another administrative offence

Anyone who disregards the blood alcohol limit – be it willfully or negligently – is breaking the law. A criminal complaint does not have to be the result, but it can still be really expensive: Fines of up to 3000 euros are possible. We have broken down the penalties for an administrative offense in the table (source: bussgeldkatalog.org).

Drunk driving according to § 316: Criminal charges for drinking and driving

If you are stopped in the driver’s seat with a high BAK, neither the officers nor our justice system understands the joke. Not only are high fines threatened, too criminal charges may result. Even imprisonment is possible. The Section 316 of the Criminal Code as follows:

(1) Anyone who drives a vehicle in traffic (§§ 315 to 315e) although he is not in a position to drive the vehicle safely as a result of consuming alcoholic beverages or other intoxicating substances with imprisonment of up to one year or with a fine punished if the act is not punishable under Section 315a or Section 315c.
(2) Pursuant to paragraph 1, anyone who commits the act negligently shall also be punished.

Paragraph 2 shows that you will also be punished if no intent can be determined in your case. So it is It doesn’t matter if you were driving drunk on purpose or not.

Paragraph 315 deals with the endangerment of road, air, rail and ship traffic. In Section 315c stands that a fine or a prison sentence of up to 5 years threatened, for example, if you were under the influence of alcohol or acted in a grossly traffic violation and reckless manner.

Don’t want to miss any more news about technology, games and pop culture? No current tests and guides? Then follow us
Facebook
or Twitter.