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DUI and DWI are common English terms. In Germany, similar conduct is regulated under traffic and criminal law concerning alcohol and drugs at the wheel. Kitzingen lies in Bavaria, so Bavarian police and local authorities apply federal statutes like the Road Traffic Act and Criminal Code, together with Bavarian enforcement practices. Whether you were stopped after a wine festival, pulled over on the B8, or involved in a minor collision, the same nationwide legal thresholds and procedures apply.
Alcohol cases are typically addressed under administrative offense law when levels are moderate, and under criminal law when impairment is clear or limits are exceeded. Drug driving is usually handled as an administrative offense unless danger or impairment is proven, which can raise it to a criminal matter. Sanctions range from fines and temporary driving bans to license revocation, probationary measures, and in serious cases imprisonment. Early, informed action is key because deadlines are short and evidence from the stop and blood test is time sensitive.
You may need legal help if you received a notice of a fine after a roadside check, if the police took your license after an accident, or if you are a new driver facing a zero alcohol violation. A lawyer can evaluate whether the stop and testing complied with legal standards, whether your statements can or should be excluded, and whether medical or technical defenses apply. In Kitzingen, a lawyer can represent you before the Local Court and deal with the Driver Licensing Authority to protect your driving privileges.
Legal counsel is particularly important if your blood alcohol concentration is close to a threshold, if drugs or medications are involved, if your livelihood depends on your license, or if you already have points on your record. For tourists and foreign license holders, a lawyer can explain how a German driving ban affects you locally and abroad. If an MPU medical-psychological assessment may be required, a lawyer can help you plan ahead to avoid delays and unnecessary costs.
Germany uses per mille values to assess alcohol. From 0.5 per mille up to 1.09 per mille without noticeable impairment, driving is typically an administrative offense with a fine, points, and a temporary driving ban. At 0.3 per mille and above with signs of impairment such as swerving or causing an accident, a criminal offense may be found. At 1.1 per mille and above for motorized vehicles, absolute driving incapacity is presumed and a criminal offense applies even without observable mistakes. For cyclists, criminal liability usually starts at 1.6 per mille. For e scooters and mopeds, motor vehicle rules apply.
For drugs, Section 24a of the Road Traffic Act prohibits driving with certain substances in the blood. Even small measured amounts can suffice, including THC, amphetamines, cocaine, and others specified by regulation. If drugs or medications impair your ability to drive safely, criminal charges can follow, independent of thresholds. Medications with warning labels can trigger liability if they impair driving ability.
Sanctions for a first administrative alcohol offense at 0.5 to 1.09 per mille commonly include a 500 euro fine, 2 points in Flensburg, and a 1 month driving ban. A second offense typically brings a 1000 euro fine and a 3 month ban, and a third offense a 1500 euro fine and a 3 month ban. Criminal DUI under Section 316 of the Criminal Code can lead to fines based on daily income rates or imprisonment up to 1 year, plus license revocation and a waiting period for reissuance of typically 6 months to 1 year. If others are endangered under Section 315c, penalties increase and license withdrawal is likely. New drivers under 21 or in probation are subject to a 0.0 per mille rule with additional training requirements.
Police roadside breath tests are voluntary, but if suspicion exists the police can order a blood sample. Since legal reforms, Bavarian police can usually arrange a blood draw without waiting for a judge if delay would risk loss of evidence. You have the right to remain silent. The driver licensing authority at the Landratsamt Kitzingen handles points, driving bans, and license revocation or reissuance. For high alcohol levels such as 1.6 per mille or repeated alcohol or drug incidents, an MPU medical-psychological assessment may be required before you can regain full driving privileges. Points are recorded in the federal register in Flensburg. Reaching 8 points leads to license revocation.
In Kitzingen, cases are typically prosecuted through the Local Court in Kitzingen, with the public prosecutor in Würzburg responsible regionally. Proceedings often start with a notice of a fine or a penalty order. Objection deadlines are short, generally 2 weeks from service. Missing a deadline can make sanctions final, so timely action is critical.
The administrative limit is 0.5 per mille for motorized vehicles without signs of impairment. At 0.3 per mille and above with impairment, or at 1.1 per mille and above regardless of impairment, criminal liability can apply. For drivers under 21 or in probation, the limit is 0.0 per mille.
Screening breath tests are voluntary. However, if police have sufficient suspicion, they can arrange a blood test. You should provide identification and documents, but you are not required to answer questions that could incriminate you.
Typically a 500 euro fine, 2 points in Flensburg, and a 1 month driving ban. If there are aggravating factors such as endangerment or an accident, or if your level is higher, criminal charges may apply with more serious consequences.
Yes. Police can seize your physical license and a judge can issue a provisional driving prohibition. In criminal cases, the court may withdraw your license and impose a waiting period before reapplication.
If specified substances are detected in your blood, even low levels can lead to an administrative offense. If impairment or endangerment is proven, criminal charges may follow. Zero tolerance effectively applies to illegal drugs. Medications can also cause liability if they impair driving ability.
E scooters are treated like motor vehicles, so the 0.5 per mille administrative limit and criminal thresholds apply. Cyclists face criminal liability typically from 1.6 per mille, but can be liable at lower levels if impairment is proven, and severe cases can affect your motor vehicle license.
The MPU is a medical-psychological assessment to evaluate fitness to drive. It is often required after high alcohol levels such as 1.6 per mille, repeat offenses, or certain drug cases. Preparing early with counseling or courses improves your chances of success and can shorten delays.
Administrative DUI or DWI usually carries 2 points. Criminal offenses can carry 3 points. Points remain for several years depending on the offense type and are deleted after set retention periods. Reaching 8 points leads to license revocation.
You have the right to remain silent regarding incriminating details. Provide identification and documents, but avoid voluntary statements about alcohol or drug use without legal advice. What you say can be used against you.
You typically have 2 weeks from service to object to a notice of a fine or a penalty order. If you miss the deadline, the decision usually becomes final. Contact a lawyer immediately to preserve your rights and request access to the file.
The Landratsamt Kitzingen Driver Licensing Authority can inform you about driving bans, points, license withdrawal, and reissuance requirements, including MPU referrals.
The Local Court in Kitzingen handles traffic offense hearings, objections to penalty orders, and criminal trials in DUI and DWI matters.
The Public Prosecutor in Würzburg oversees criminal prosecution for the Kitzingen region.
The Bavarian Police provide information about roadside checks, testing procedures, and traffic safety initiatives, especially during festivals and high traffic periods.
The Kraftfahrt Bundesamt manages the national points register in Flensburg and can provide information about point status and retention rules.
TÜV and DEKRA are common MPU assessment providers, and certified traffic psychologists offer preparatory counseling that can improve MPU outcomes.
Local addiction counseling services and social welfare organizations in Kitzingen and Lower Franconia offer support programs that can be helpful for rehabilitation and can positively influence licensing decisions.
Your legal expense insurance provider can clarify coverage for defense in administrative offense and criminal traffic cases and may recommend legal counsel.
Stop driving if you are under a driving ban or if your license has been seized. Driving despite a ban is a separate criminal offense that can worsen your situation.
Note the date on any notice you received and calendar the 2 week objection deadline. Do not miss it. Keep the envelope to prove service if needed.
Contact a lawyer who regularly handles DUI and DWI in the Kitzingen and Würzburg courts. Ask for an initial assessment, fee transparency under the statutory fee schedule, and a plan to request the case file promptly.
Write down what happened while memories are fresh, including times, where you were stopped, what the officers said, when you last drank or took medication, and when tests were performed. Save receipts and phone records that may help reconstruct timelines.
Do not discuss your case on social media. Avoid contacting potential witnesses without guidance. Let your lawyer coordinate evidence and statements.
If an MPU is likely, begin preparation early with reputable providers and consider abstinence documentation where appropriate. Early action can reduce waiting time for license reinstatement.
If you hold a foreign license, ask your lawyer about the effect of a German driving ban and how it interacts with your home country license. Clarify insurance implications and reporting duties.
Take advantage of local counseling or rehabilitation services if alcohol or substance use played a role. Demonstrable change can influence prosecutorial discretion, court outcomes, and licensing decisions.
