Driving Under the Influence of Drugs or Alcohol (§ 316 StGB) in Frankfurt – Defence & Nationwide Representation
An allegation under § 316 StGB (“drink-driving / driving under the influence”) is not limited to motorists. It covers any vehicle — from cars to e-scooters and bicycles. § 316 StGB is an abstract endangerment offence: there is no need for an accident or concrete danger to others to make the conduct punishable. At the same time, serious side effects are common, such as a driving ban or the revocation of the driving licence (§ 69 StGB). Our firm Buchert Jacob Peter guides you from first access to the file, through the investigation, to the main hearing and (if required) appeal — in Frankfurt and nationwide. For background on the process see German criminal procedure and our practice areas.
Problem: What exactly does § 316 StGB cover?
§ 316 StGB penalises driving a vehicle when the driver, due to alcohol or other intoxicants, is not capable of safely operating that vehicle. Unlike § 315c StGB, no specific danger to life/limb or significant property is required. The offence may be committed intentionally or negligently. In practice, the key issues are absolute vs. relative unfitness to drive and observable signs of impairment. We evaluate the probative value of blood/urine samples immediately after obtaining the file.
If a concrete danger or an accident is additionally alleged, the accusation can shift toward § 315c StGB. Clean distinctions are essential. Our goal — where defensible — is to keep the case within § 316 or to achieve a discontinuance through targeted evidence work.
Solution: Systematic defence — medical, forensic, procedural
Unfitness to drive is decisive — not “gut feeling”. We build a structured defence aligned with evidence, expert opinions and measurement methods:
- Evidence analysis: lab values, chain of custody, protocols, video/body-cam, witness accounts, investigation file.
- Legal framing: borderline to § 315c, sufficiency of suspicion, procedural prerequisites.
- Prognosis & side effects: strategies to avoid licence revocation/sperrfrist; calibrated alternatives within the criminal process.
- Procedural levers: motions, evidence applications, objections; tactical options affecting judgment and finality.
- Outcome focus: scope-limiting, discontinuance applications, conditions, supporting documentation.
Legal bases & core terms
Protected interest: road traffic safety
Because § 316 StGB is an abstract endangerment offence, driving while unfit is enough. The authorities must still prove impairment cleanly — and that is where we apply pressure.
Who is an offender? What is “driving” a vehicle?
An offender is anyone who steers the movement of a vehicle. This includes classic motor vehicles as well as bicycles. Mere sitting without control is insufficient. Details of trip and operation — reconstructed from files and witness evidence — often decide the point.
Intent or negligence?
§ 316 can be intentional or negligent. The question is whether you knew, or ought to have known, of your unfitness. Factors include consumption pattern, timing, constitution and recorded symptoms. “Residual alcohol” the morning after is common; much depends on metabolism and signs of impairment. We develop the case-specific parameters and place them in the record.
Continuing offence & concurrence
§ 316 is treated as a continuing offence — it lasts throughout the drive. Where danger scenarios are alleged, we test whether the threshold to § 315c was actually crossed. If unfitness cannot be proven, an administrative offence may be more appropriate — shaping defence strategy and goals. See also the course of criminal proceedings.
Approach: Your roadmap with Buchert Jacob Peter
- Immediate step: use your right to remain silent. No statements without file knowledge. Attend any police interview only with counsel.
- Analysis: verify sampling chain, method, documentation of impairment; assess legal thresholds and causation/borderline issues.
- Strategy: options for limitation, discontinuance (§ 153 StPO), and calibrated understandings.
- Execution: medical/forensic evidence motions, challenges to searches/seizures, submissions focused on prognosis.
- Aftercare: prepare for side effects (licence), compliance and proof programmes, support through to finality and beyond.
Side effects: driving ban, revocation, waiting period — what to expect?
Alongside fines or imprisonment, licence measures are common in § 316 cases. Whether the court revokes a licence depends on the prognosis at judgment — symptoms, record, insight, and developments since the incident. In borderline cases, traffic-psychological work and documented abstinence or control measures can improve outcomes. We therefore look beyond sentencing to fitness — including interfaces with white-collar and employment-related issues where relevant.
Your advantages — why Buchert Jacob Peter
- Forensic-medical expertise on lab values and expert assessments.
- Seasoned in evidence motions and prognosis-driven argument.
- Fast, concrete first assessment after file access.
- Frankfurt-based, active nationwide — developments under News/Updates.
Call-to-Action: Clarify your defence now
If you are facing criminal allegations in Germany – for example relating to the offence or procedural situation described on this page – you should seek early advice from our English-speaking criminal defence solicitors and specialist lawyers for criminal law in Frankfurt. We defend private individuals and companies nationwide and guide you safely through investigations, police questioning and court hearings.
For a confidential initial assessment of your situation and the development of a tailored defence strategy, you can reach us on +49 69 710 33 330 or by email at kanzlei@dr-buchert.de.
FAQ – Driving Under the Influence (§ 316 StGB)
- Stopped without an accident — can I still be punished?
Yes. § 316 is an abstract endangerment offence. The key is proof of unfitness. We review method, documentation and symptoms immediately after file access. - Does § 316 apply to bicycles or e-scooters?
Yes — it covers any vehicle. The evidential requirements remain the same. - What is “residual alcohol” the morning after?
Residual alcohol may, but does not necessarily, establish unfitness. Much depends on cessation time, metabolism and symptoms. We develop these parameters and place them in the evidence. - Can my case be discontinued?
Possible — e.g. where evidence is doubtful or impairment only contributed. Options include discontinuance under § 153 StPO. - Must I attend a police interview?
As a suspect you may remain silent. Do not make statements without file knowledge; do not attend unaccompanied.
Contact us – Your specialist criminal lawyers in Frankfurt am Main and nationwide
- Frank M. Peter, Specialist Lawyer for Criminal Law
- Dr. Caroline Jacob, Specialist Lawyer for Criminal Law
- Of Counsel: Prof. Dr. Frank Peter Schuster
- Cooperation Partner: Tax Advisor and former Tax Investigator Frank Wehrheim
Our law firm Buchert Jacob Peter has been based in Frankfurt am Main for over 25 years with experienced criminal defence lawyers. We represent clients nationwide.
Contact: Phone +49 69 710 33 330 · Email kanzlei@dr-buchert.de · Contact page
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