Best DUI & DWI Lawyers in Braunschweig

About DUI & DWI Law in Braunschweig, Germany

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Braunschweig, Germany. The German traffic law strictly regulates the operation of motor vehicles under the influence of alcohol or drugs. The aim is to ensure road safety and prevent accidents. In Braunschweig, as part of Lower Saxony, DUI/DWI offenses are prosecuted under the national Strafgesetzbuch (German Criminal Code) and Straßenverkehrsgesetz (Road Traffic Act), with enforcement handled by local law enforcement and courts.

Why You May Need a Lawyer

There are several common situations in which you might require legal assistance for a DUI or DWI charge in Braunschweig:

• You have been stopped by police and asked to take a breathalyzer or blood test.
• You received a notice of penalty, license suspension, or a fine for suspected DUI/DWI.
• You are accused of causing an accident while under the influence.
• You have prior DUI/DWI convictions and face harsher penalties.
• You wish to contest an accusation you believe is unfounded.
• Your professional license or career is at risk due to charges.
• You have concerns about the legal process or your rights under German law.

Local Laws Overview

In Braunschweig, DUI/DWI is governed by federal laws but applied locally:

• Alcohol Limit: The legal blood alcohol concentration (BAC) limit is 0.5‰ (promille). For novice drivers and professional drivers, the limit is 0.0‰.
• Zero Tolerance: For drivers under 21 years old or with less than two years of driving experience, any measurable alcohol is prohibited.
• Drug Influence: Driving under the influence of drugs (such as cannabis, amphetamines, or cocaine) is strictly prohibited, regardless of measurable levels.
• Penalties: Penalties can include fines, license suspension, mandatory medical-psychological assessment (MPU), and even imprisonment in severe cases.
• Refusal: Refusing to take a breathalyzer or blood test can lead to separate legal consequences and is often treated as an admission of guilt.
• Aggravating Factors: Accidents, high levels of intoxication, injuries, and repeat offenses can significantly increase penalties.

Frequently Asked Questions

What counts as DUI or DWI in Braunschweig?

DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) both refer to operating a vehicle while affected by alcohol or drugs. In Braunschweig, this is based on legal thresholds for blood alcohol content or confirmed drug use.

What is the legal alcohol limit for drivers?

For most drivers, the limit is 0.5‰ BAC. For new drivers (under 21 or with less than two years’ experience) and professional drivers, any detectable alcohol (0.0‰) is prohibited.

What happens if I am stopped by the police and tested?

If police suspect you are under the influence, they may conduct roadside sobriety tests and require a breathalyzer. Refusing to comply can result in license suspension, fines, and further investigation.

Can I refuse a breathalyzer or blood test in Braunschweig?

You can refuse, but this usually leads to legal consequences such as immediate suspension of your driving license and may be considered an admission of guilt. The police may also obtain a court order for a blood test.

What are the possible penalties for DUI/DWI?

Penalties typically include fines (which can be several months’ worth of income), license suspension (at least one month, up to several years), points in the federal register, and, in severe cases, imprisonment.

What is an MPU?

The Medizinisch-Psychologische Untersuchung (MPU) is a medical-psychological assessment drivers must undergo after serious or repeated DUI offenses before they can regain their license.

Can a DUI/DWI conviction affect my job?

Yes, particularly if you need to drive for work or hold a professional license. Some employers may terminate or suspend employees convicted of DUI/DWI.

What should I do if I am charged with DUI/DWI?

Seek legal advice immediately. Do not admit guilt, and consult a criminal defense lawyer who specializes in traffic law to protect your rights and explore defense options.

Will a conviction remain on my record?

Yes, DUI/DWI convictions are recorded in the Federal Central Register (Bundeszentralregister) and the driving suitability register in Flensburg. They remain for several years depending on the severity and whether you reoffend.

Is it possible to get my driving license back after suspension?

Yes, but you may need to meet several conditions, such as passing the MPU, a period of abstinence, or further education courses, depending on the individual case.

Additional Resources

If you need more information or support regarding DUI & DWI, consider these resources:

• Legal Advice Centres (Rechtsberatungsstellen) in Braunschweig
• German Automobile Club (ADAC) for legal guidance and information
• Braunschweig Police (Polizeiinspektion Braunschweig) for procedural inquiries
• Road Traffic Office (Fahrerlaubnisbehörde) for license matters
• Governmental consumer advice agencies (Verbraucherzentrale)
• Medical-Psychological Assessment Centers (MPU Beratungsstellen)

Next Steps

If you are facing DUI or DWI charges in Braunschweig:

• Do not provide statements to authorities without legal representation.
• Search for an experienced lawyer specializing in criminal and traffic law in Braunschweig.
• Gather all relevant documents, such as police notices or test results, before your consultation.
• Ask about the lawyer’s experience with similar cases and their recommended strategy.
• If your license is suspended, inquire about appeal options and the conditions for reinstatement.
• Stay informed about deadlines and procedural requirements to avoid further legal difficulties.