Drink-driving in Germany: penalties and your licence
Whether it is a fine or a crime depends on the reading, how you were driving and what is already on your record.
Checked by Radif Partners · Editorial policy · Method
Alcohol at the wheel: the consequences
Total including fees
€528.50
| Points | 2 |
| Driving ban | 1 month |
| MPU ordered | not because of the reading |
Driving with 0.5 per mille or more alcohol in your blood, or 0.25 mg/l in your breath, is an administrative offence in Germany under Section 24a of the Road Traffic Act (StVG). The first time it costs 500 euros, a 1-month driving ban (Fahrverbot) and 2 points in Flensburg. With one earlier alcohol or drug entry on the register, the fine rises to 1000 euros with a 3-month ban, and with several entries to 1500 euros. From 1.1 per mille every driver is treated as unfit to drive, which makes it a crime under Section 316 of the Criminal Code (StGB), as it is from 0.3 if you show impaired driving or cause an accident. A criminal conviction usually means losing your licence for at least six months, a fine or up to a year in prison, and three points. From 1.6 per mille you will need to pass an MPU assessment before you can drive again. New drivers and anyone under 21 must have zero alcohol: any amount costs 250 euros.
The administrative offence from 0.5 per mille
Germany measures blood alcohol in per mille (Promille), parts per thousand. A reading of 0.5 per mille equals 0.05 per cent, the unit used in many English-speaking countries. Section 24a StVG sets two equivalent limits: 0.25 mg of alcohol per litre of breath or 0.5 per mille in the blood. Reaching either is enough, with no need for signs of impairment.
What you pay depends on your record. The catalogue counts earlier decisions for drink or drug driving under Section 24a, and convictions under Sections 316 and 315c of the Criminal Code.
| Situation | Cat. no. | Fine | Ban | Points | With fees |
|---|---|---|---|---|---|
| first time, from 0.5 per mille | 241 | €500 | 1 month | 2 | €528.50 |
| one earlier entry | 241.1 | €1,000 | 3 months | 2 | €1,053.50 |
| several earlier entries | 241.2 | €1,500 | 3 months | 2 | €1,578.50 |
| probation or under 21, any amount | 243b | €250 | none | 1 | €278.50 |
The ban follows the usual rules. If it is your first ban in two years, you may choose when it starts within 4 months of the decision becoming final; the driving ban page explains how. The legal maximum in Section 24a(3) is several times the catalogue amount, so the authority can go above it in unusual cases.
When it becomes a crime
Section 316 of the Criminal Code punishes anyone who drives a vehicle while unable to do so safely because of alcohol or other intoxicants. The statute has no number. Case law, which the German police prevention programme summarises, sets 1.1 per mille as the point of absolute unfitness for drivers of motor vehicles: above it, no further proof is needed. From 0.3 per mille, relative unfitness applies if there are alcohol-related driving errors such as weaving, or an accident.
The penalty is a fine or up to one year in prison, and negligence is enough. Criminal fines in Germany are calculated in daily rates (Tagessätze) based on income, so there is no fixed sum to quote. If you endanger another person or valuable property, Section 315c applies instead, with a much higher maximum. Most first offences end with a penalty order (Strafbefehl) sent by post, without a trial; it becomes final unless you object within the period stated on it.
Losing the licence
For drink-driving as a crime, Section 69 of the Criminal Code says the offender is normally unfit to drive. The court withdraws the licence and sets a period of six months to five years during which no new licence may be issued (Section 69a). If such a period was imposed in the three years before, the minimum is one year. Police often seize the licence the same night, and a provisional withdrawal by the court counts towards the period.
When the period ends, the licence does not come back by itself. You apply for a new one, and the authority checks whether you are fit to drive. The conviction stays on the Flensburg register with three points for 10 years under annex 13 of the Driving Licence Ordinance.
The MPU
Germany's medical and psychological assessment (MPU), sometimes called the "idiot test" in English-language forums, is mandatory under Section 13 of the Driving Licence Ordinance in these cases:
- a drive with 1.6 per mille or 0.8 mg/l or more, in any vehicle, including a bicycle;
- repeated offences under the influence of alcohol, even if each was only an administrative offence; breaches of the zero limit for new drivers alone do not count;
- facts suggesting alcohol misuse, or an earlier withdrawal for that reason.
Two fines for 0.6 per mille can therefore lead to an MPU without any crime. The MPU page covers the assessment itself.
E-scooters and the cost of a new licence
Rental e-scooters are motor vehicles under German law. The 0.5 per mille limit, the zero limit for new drivers and under-21s, and the criminal threshold of 1.1 all apply to them exactly as to a car, and a conviction can cost you your car licence. Many expats learn this the hard way after a night out, because the scooters feel like bicycles.
After a withdrawal, applying for a new licence brings its own costs. The official fee schedule sets €35.70 to €258.50 for reissuing a licence after a withdrawal, depending on the work involved. On top come any tests the authority requires and the fee of the assessment centre if an MPU is ordered; those prices are not fixed by law.
Zero tolerance for new drivers
Section 24c StVG forbids any alcohol at the wheel during the probation period and for everyone under 21, regardless of probation. The fine is €250 plus 1 point, and during probation it is an A offence, which means a remedial course and 2 more years on probation. If you moved to Germany with a recent EU licence, the probation applies to you with the time since your test credited; the probationary licence page explains it.
Alcohol at the wheel: the consequences
Total including fees
€528.50
| Points | 2 |
| Driving ban | 1 month |
| MPU ordered | not because of the reading |
Two tracks side by side
| Administrative offence | Crime | |
|---|---|---|
| Threshold | from 0.5 per mille or 0.25 mg/l | from 1.1, or from 0.3 with impaired driving |
| Decided by | fine authority (Bußgeldstelle) | prosecutor and court |
| Penalty | €500 to €1,500 standard fine | income-based fine or prison |
| Licence | ban of 1 to 3 months | withdrawn, 6 months to 5 years before a new one |
| Points | 2 | 3 |
| Afterwards | licence returned | new application, MPU from 1.6 |
Comparing with home
Limits differ widely in Europe and beyond, and so do units. Germany's 0.5 per mille is the same as 50 mg of alcohol per 100 ml of blood. Other countries use other figures and units, sometimes with lower limits for new or professional drivers, so compare carefully. A licence from home does not carry its limit with it: on German roads, the German thresholds apply, including the zero limit if you are under 21 or in your first 2 years of driving. People who drive for work should also check their employment contract, since many company car policies set their own zero rule.
Cycling home instead
Switching from the car to a bicycle after drinking is legal up to a point, but not without limits. A bicycle is not a motor vehicle, so the 0.5 per mille rule of Section 24a does not apply to it. The criminal law does: from 1.6 per mille a cyclist is treated as absolutely unfit, and from 0.3 with unsafe riding. A ride at 1.6 or more also triggers an MPU order, which can put your car licence at risk even though you never touched a car that night.
Practical points for expats
German police run alcohol checks year-round, and more often around Carnival, Oktoberfest, Christmas markets and other festivals. A roadside breath test is voluntary, but refusing it usually leads to a blood test ordered by the police or a prosecutor. Readings are taken in per mille, and the limits are the same in every federal state. If you plan to drink, the simplest rule is the one many Germans follow: leave the car at home. The page on alcohol limits shows which threshold applies to whom, the blood alcohol calculator shows the consequences of a reading, and the rules for combining alcohol and cannabis are on the cannabis driving page.