criminal-law germany alcohol fines
Drink and riding (bicycle) offence in Germany
<p>I am charged with a criminal offence in a drink-and-riding-a-bicycle case. I have received a letter mentioning the alcohol content 1.66 promile. I have accepted the charges and agreed to pay the fine.</p>
<ol>
<li>What are the possible fines for this offence?</li>
<li>Is there any possible legal effect on my resident permit?</li>
<li>How long will the record stay in the register?</li>
</ol>
<p>I do not have a driving license.</p>

<ol>
<li><p>The fine would typically be around your monthly income.<br />
<sub>Legal basis: drunk driving per §316 StGB is punishable by up to one year in prison, but per §47 and §40 StGB short sentences are converted to a fine that depends on your daily net income (Tagessätze).</sub></p>
</li>
<li><p>There is likely no impact. Despite this being a crime, it will not appear in your criminal record that some employers need.<br />
<sub>Legal basis: Per §32 BZRG the criminal record will not show convictions with ≤ 90 Tagessätze. However, other government departments can request full access.</sub></p>
</li>
<li><p>You will get three “<a href="https://en.wikipedia.org/wiki/Point_system_(driving)#Germany" rel="nofollow noreferrer">Flensburg points</a>” which has no immediate effect, but can lead to increased penalties for your <em>next</em> traffic violation. Where the points have been awarded for a crime, they will expire after 5 or 10 years. You can voluntarily visit seminars to remove points at a rate of one per five years.<br />
<sub>Legal basis: per Appendix 13 FeV, drunk driving (§316 StGB) gives you two or three Flensburg points, depending on whether your license (implied for bikes) is suspended and the amount of alcohol in your bloodstream. Retention period is covered in §29 StVG. Seminars are covered in §4(7) StGB.</sub></p>
</li>
</ol>
<p>Other effects:</p>
<ul>
<li>You may be ordered to do the <a href="https://en.wikipedia.org/wiki/Medical-psychological_assessment_(Germany)" rel="nofollow noreferrer">MPU psychological evaluation</a> and can be banned from using a bike if you fail.</li>
<li>You will also have to take an MPU if you want to get a driving license.</li>
</ul>

<p>Germany: Actually, you have a license to ride a bicycle on public roads. You get it automatically, you have no paper as evidence, <em>but it can be taken away</em>. You can lose the right to drive a bicycle in Germany, and 1.66‰ is <em>very</em> drunk. Don’t go anywhere on your bicycle if you intend to drink lots of alcohol.</p>
<p>1.6‰ on a bicycle with no irregular behaviour can get you a criminal charge, you are just above that. 0.3‰ <em>with</em> irregular behaviour can do the same. It’s a serious matter. Not serious enough to affect a resident permit probably, unless you repeat it.</p>
<p>Fines may be based on your income. If that is the case, lying about your income would be very serious, don’t do it.</p>
