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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.

  1. What are the possible fines for this offence?
  2. Is there any possible legal effect on my resident permit?
  3. How long will the record stay in the register?

I do not have a driving license.

  • Did you drink within the last 20-30 minutes before police stopped you? If yes, the measurement will be off (result is higher than actual concentration). In this case you need to disclose this fact honestly to the police officer. You will then be held for about 30 minutes until the measurement produces reliable results. – erebus Aug 12 at 4:04
  • at 1.66 promille, the police procedures demand a blood test for verification and a possible trial as you committed a crime and not just an offence. – Trish Aug 15 at 14:22
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  1. The fine would typically be around your monthly income.
    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).

  2. There is likely no impact. Despite this being a crime, it will not appear in your criminal record that some employers need.
    Legal basis: Per §32 BZRG the criminal record will not show convictions with ≤ 90 Tagessätze. However, other government departments can request full access.

  3. You will get three “Flensburg points” which has no immediate effect, but can lead to increased penalties for your next 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.
    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.

Other effects:

  • You may be ordered to do the MPU psychological evaluation and can be banned from using a bike if you fail.
  • You will also have to take an MPU if you want to get a driving license.
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  • thanks for the comment. – Aragorn Aug 11 at 9:55
  • @amon Could you provide any sources and the law your answer is based on? – K-HB Aug 16 at 0:21
  • @K-HB I added a couple of references to relevant laws. There is no guarantee that OP will get a fine of 30 Tagessätze, so I referenced the relevant mechanism. – amon Aug 16 at 10:28
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Germany: Actually, you have a license to ride a bicycle on public roads. You get it automatically, you have no paper as evidence, but it can be taken away. You can lose the right to drive a bicycle in Germany, and 1.66‰ is very drunk. Don’t go anywhere on your bicycle if you intend to drink lots of alcohol.

1.6‰ on a bicycle with no irregular behaviour can get you a criminal charge, you are just above that. 0.3‰ with irregular behaviour can do the same. It’s a serious matter. Not serious enough to affect a resident permit probably, unless you repeat it.

Fines may be based on your income. If that is the case, lying about your income would be very serious, don’t do it.

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  • Thanks for the comment. Any idea how long the record will stay in the register? – Aragorn Aug 11 at 9:47
  • While it is true that you can loose the right to ride bikes, it is very rare that this kind of sanction is actually made use of. In fact, I don't know of any case where anybody was ordered not to ride bikes. – erebus Aug 12 at 4:01
  • @erebus I have submitted the form to the police yesterday. Now i think responsible office will contact me for penalty or consequences. I will be very happy if I can close this case with minimum damage. I am very concern because of this criminal charge. That's shameful mark that will stay in my record. – Aragorn Aug 12 at 6:16
  • Erebus I know of one case, where someone actually had caused multiple accidents while driving a bicycle. Yes, a single drunk driving case won’t do it. – gnasher729 Aug 15 at 18:29
  • @gnasher729 Could you provide any sources and the law your answer is based on? – K-HB Aug 16 at 0:21

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