Best DUI & DWI Lawyers in Giessen

About DUI & DWI Law in Giessen, Germany

In Germany, driving under the influence (DUI) and driving while intoxicated (DWI) are regarded as serious criminal and administrative offenses. Giessen, located in the state of Hesse, follows the same federal laws as the rest of Germany, with local enforcement by the State Police (Polizei Hessen) and regional courts. DUI & DWI offenses can include driving after consuming alcohol, drugs, or medication that impairs your ability to operate a vehicle. Penalties can range from fines and license suspension to imprisonment and mandatory participation in rehabilitation programs.

Why You May Need a Lawyer

Legal situations involving DUI & DWI can be complex and have lasting consequences. You may need a lawyer if:

• You have been stopped and tested for alcohol or drug use while driving.
• You are accused of causing an accident while allegedly intoxicated.
• Your driver's license has been suspended or revoked due to DUI & DWI charges.
• You face criminal charges or were involved in an incident with injuries or fatalities.
• You are a repeat offender or hold a professional driver’s license.
• You wish to contest the charges or the testing procedures.
• You need guidance on fulfilling court-ordered measures, such as medical-psychological assessment (MPU).

Local Laws Overview

Giessen, like all regions in Germany, is governed by federal laws regarding DUI & DWI. Here are the key points:

• Legal Blood Alcohol Concentration (BAC) Limits: Maximum BAC for drivers is 0.5‰ (per mille). For novice drivers and drivers under 21, the limit is zero.
• Random Stops: Police are authorized to conduct random breathalyzer or drug tests.
• Penalties: Fines, license suspension, and possible imprisonment (especially if causing an accident or injury).
• Repeat Offenses: Harsher penalties, including longer license suspensions and higher fines.
• Mandatory Medical-Psychological Assessment (MPU): Often required to restore driving privileges after serious violations.
• Drugs and Medications: Driving under the influence of any substance that impairs ability is punishable, even with prescription drugs.

Frequently Asked Questions

What is the legal blood alcohol concentration (BAC) limit for drivers in Giessen?

The general BAC limit is 0.5‰ for most drivers. For new drivers and those under 21 years, a strict zero-tolerance policy applies.

Can I refuse a breathalyzer or blood test if stopped?

You can refuse a breathalyzer, but if police suspect impairment, they may order a blood test. Refusal can worsen penalties and may be regarded as evidence against you.

What are the typical penalties for a first-time DUI offense?

Penalties may include a fine (at least 500 euros), a one-month driving ban, and points on your driving record. Higher BAC levels or accidents increase the penalties.

Will I lose my license if I am caught driving under the influence?

A license suspension is highly likely, especially if your BAC exceeds 1.1‰ or if your driving caused danger. The duration depends on the severity and previous offenses.

What happens if I am caught driving under the influence as a beginner or under 21?

A zero-tolerance BAC applies. Even small amounts of alcohol can lead to fines, an extension of the probationary period, mandatory retraining courses, and license suspension.

Can passengers also face penalties if the driver is intoxicated?

Generally, only the driver is penalized. However, if passengers own the vehicle or encourage the intoxicated person to drive, they may face certain liabilities.

What about drugs or prescription medications?

Driving under the influence of illegal drugs is strictly prohibited. Even prescription medication can lead to DUI charges if it impairs your ability to drive safely.

Can foreign driving licenses be affected?

Yes, offenses committed in Germany can lead to driving bans within Germany, even for foreign license holders, and may be reported to your home country.

How does the Medical-Psychological Assessment (MPU) work?

The MPU, sometimes called the “idiot test,” is a psychological and medical evaluation required for serious or repeated offenses before a license can be reinstated.

Should I seek legal counsel after a DUI arrest?

Yes. A lawyer can help protect your rights, potentially reduce penalties, and guide you through the legal processes, including interactions with the police and courts.

Additional Resources

Here are some useful organizations and authorities that can provide information or assistance regarding DUI & DWI in Giessen, Germany:

• Polizei Hessen (Hesse State Police) for information on traffic laws and local enforcement.
• Stadt Giessen (City of Giessen) Traffic Office for administrative procedures and license questions.
• Landgericht Gießen (Giessen District Court) for legal proceedings and records.
• Bundeszentrale für gesundheitliche Aufklärung (Federal Center for Health Education) for substance abuse help.
• Local attorneys specializing in criminal and traffic law.
• Verkehrswacht Giessen e.V. for road safety education and prevention programs.

Next Steps

If you are facing DUI & DWI charges in Giessen, it is important to take prompt action:

1. Do not make statements to the police without legal counsel present.
2. Collect all relevant documents, such as police reports and test results.
3. Contact a local lawyer experienced in DUI & DWI cases as soon as possible.
4. Attend all required court appearances and administrative hearings.
5. Follow any legal or administrative measures, such as attending the MPU if required.
6. Seek support from trusted organizations if you need help with substance use or rehabilitation.

Taking these steps can help protect your rights and improve your chances of a more favorable outcome.