Table of fines
Drunk Driving
Operating a vehicle under the influence of alcohol poses significant penalties. The fine calculator illustrates the specific consequences of an alcohol-related violation. The fine catalog prescribes the following penalties for operating a motor vehicle under the influence of alcohol:
Penalty Catalogue for driving under the influence, 2024
Administrative Offense
Operating a vehicle with more than 0.5 but less than 1.1 per mille (‰) alcohol content without the driver displaying impairments or endangering other road users.
| No. of violations | Fine | Penalty Points | Suspension | File objection? |
|---|---|---|---|---|
| 1. Violation | 500 € | 2 | 1 month | check here |
| 2. Violation | 1.000 € | 2 | 3 months | check here |
| 3. Violation | 1.500 € | 2 | 3 months | check here |
Filing an objection can be worthwhile because many fine notices contain errors.
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Criminal Offense
Endangering other road users or an accident with more than 0.3 per mille (‰) alcohol content, or operating a vehicle with more than 1.09 per mille (‰) alcohol content.
| Violation | Monetary Penalty | Penalty Points | Suspension | File objection? |
|---|---|---|---|---|
| Endangering others upwards of 0.3 per mil | income dependent, possible jail time | 3 | revocation of license | check here |
| Blood alcohol exceeding 1.09 per mil | income dependent, possible jail time | 3 | revocation of license | check here |
Driving under the influence of alcohol or drugs is strictly punished throughout Europe when the respective limits are exceeded. Alcohol is one of the primary causes of accidents. Numerous scientific studies have demonstrated that even small amounts of alcohol can lead to impaired driving ability. When the limits are exceeded, the legislator therefore assumes that the driver poses a danger to general road safety and the lives of other road users. The penalties provided in the fine catalog are accordingly severe. They range from substantial fines to driving bans, revocation of the driver’s license, and even prosecution of the offense as a criminal act, which can carry the threat of imprisonment.
- §315b of the Criminal Code penalizes dangerous interventions in road traffic, even if they do not occur while operating a motor vehicle.
- §315c of the Criminal Code defines the actions while operating a motor vehicle that are considered endangering traffic.
- §316 of the Criminal Code additionally penalizes drunk driving, even when there is no endangerment as per §315b or §315c of the Criminal Code.
The Limits for Fines and Criminal Offenses in Detail
Offenses related to alcohol while driving are primarily distinguished based on relative or absolute impairment of driving ability. The classification as an administrative offense or criminal offense also depends on whether other road users were endangered.
From 1.6 per mille (‰) and Above: CRIMINAL OFFENSE – Prosecution under the Criminal Code
Operating a vehicle with a blood alcohol content of more than 1.6 per mille (‰) is considered a criminal offense (§316 of the Criminal Code) due to absolute impairment of driving ability. Additionally, the legislator assumes that a blood alcohol level of 1.6 per mille (‰) can only be reached if the body is accustomed to regular alcohol intake, indicating frequent drinking by the offender. Besides substantial fines and three penalty points in the driver fitness register, the driver’s license is revoked for at least six months. The driver’s license is not automatically reinstated. Typically, the reinstatement of the driver’s license requires passing a Medical-Psychological Assessment (MPU). The fines are determined based on income (daily rates). The penalties range from one to several months’ net income, depending on the severity of the offense. If there is endangerment of road traffic (§315b or §315c of the Criminal Code) in connection with drunk driving, this usually leads to an aggravation of the punishment.
From 1.1 per mille (‰) to 1.59 per mille (‰): CRIMINAL OFFENSE – Prosecution under the Criminal Code
With a blood alcohol level of 1.1 per mille (‰), there is absolute impairment of driving ability. If a vehicle is still operated or an attempt is made to do so, it constitutes a criminal offense under §316 of the Criminal Code, unless there is also endangerment of road traffic under §315b or §315c. The consequences are: A minimum of six months’ revocation of the driver’s license, three points in the driving record (Flensburg points), and a fine dependent on income.
From 0.5 per mille (‰) to 1.09 per mille (‰): ADMINISTRATIVE OFFENSE – when no one was endangered
When a driver with a blood alcohol level of 0.5 to 1.09 per mille (‰) operates a vehicle under the influence, they commit an administrative offense due to relative impairment of driving ability – but only if they do not drive conspicuously or display impairments and do not endanger or cause an accident involving anyone else. In this context, even minor damage while parking can be considered an accident. In the latter cases, the violation would be prosecuted as a criminal offense.
If an administrative offense is committed, the penalty is determined by how frequently the driver has been noticeable for alcohol-related offenses:
- 1st Offense: 500 € – 2 Points – 1 Month Driving Ban
- 2nd Offense: 1,000 € – 2 Points – 3 Months Driving Ban
- 3rd Offense: 1,500 € – 2 Points – 3 Months Driving Ban
Criminal Offense with Driver’s License Withdrawal from as Low as 0.3 per mille (‰)?
Many road users are only aware of the 0.5 per mille (‰) limit and adjust their alcohol consumption accordingly. However, the assumption that it is safe to drive after consuming two glasses of beer carries significant risks if impairments in driving behavior become evident. If a person commits driving errors after alcohol consumption, such as running a red light, disregarding the right of way, following too closely, or driving in a zigzag pattern, they can be accused of relative impairment of driving ability due to alcohol influence – even with less than 0.5 per mille (‰). Starting from 0.3 per mille (‰), there is a risk of a criminal proceeding for endangering road traffic due to alcohol-related impairments.
Filing an objection can be worthwhile because many fine notices contain errors.
Check your options for free!
How Long Will the Driver’s License Be Suspended for Drunk Driving?
The courts have some flexibility in determining the duration of the driver’s license suspension and the amount of the fine. The judge will take into account the blood alcohol level and any prior repeat offenses. General guidelines are approximately 6-9 months of driver’s license suspension for blood alcohol levels from 1.2 to 1.6 per mille (‰), while levels from 1.6 to 2.0 per mille (‰) may lead to expectations of around 9-12 months of suspension. Blood alcohol levels over 2.0 per mille (‰) can result in sentences ranging from 18 months to several years. The judge can even order an indefinite revocation of the driver’s license. In addition to a mandatory Medical-Psychological Assessment (MPU) for alcohol levels over 1.6 per mille (‰), the judge can also require the offender to demonstrate 12 months of alcohol abstinence before applying for the reinstatement of their driver’s license. During the suspension period, the urine of the individuals must be regularly tested by officially authorized control authorities. Individuals are randomly selected at least four times within 6 months to provide a supervised urine sample within 24 hours. These tests are at the expense of the individuals (approximately €100 per sample).
Cyclists and Pedestrians: Be Aware!
Drunk Driving for Cyclists and Pedestrians
Pedestrians and cyclists are also considered participants in road traffic. The legal text does not only penalize the operation of a motor vehicle but explicitly refers to all vehicles. For cyclists, this means that they are considered absolutely impaired in driving ability with a blood alcohol content of 1.6 per mille (‰) or higher. The road traffic authorities can infer from this that the cyclist is not fit to operate a motor vehicle and can accordingly revoke their driver’s license. An e-bike that requires insurance is considered a motor vehicle in any case, with all legal consequences. Just like with car drivers, the return of the driver’s license may be contingent on passing an MPU.
Even pedestrians can potentially be held accountable for endangering road or rail traffic if they are severely intoxicated and endanger life, limb, or property of significant value.