Driving license revocation after jogging at 2.2 per thousand at night

1. Curious case from practice: jogging at 2.2 per thousand

Anyone who thinks that driving while intoxicated only endangers your driver's license is mistaken. In Telgte (NRW), a case like the following could become a real problem: A nocturnal jogger is picked up at 2.2 per thousand — without a vehicle, but significantly intoxicated, conspicuously on public roads. A short time later, the official order to withdraw the driving license follows.

How is such a decision legally conceivable? And when can unusual behavior, such as drunken jogging, lead to serious consequences, including the withdrawal of a driver's license?

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2. Statutory basis for revocation of driving licences

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The legal procedure for withdrawing driving licences in Germany goes far — much further than is often assumed. Typically, the following laws apply here:

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Graphical overview of alcohol limits

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3. Driving fitness and its examination in accordance with FeV and StVG

The ability to drive is a decisive requirement for holding a driver's license. It comprises the mental, physical and character traits that should guarantee safe road participation.

Section 11 FeV explicitly mentions alcohol abuse as an exclusion criterion. For example, anyone who is heavily intoxicated on foot and is conspicuous in road traffic can trigger official doubts about their fitness to drive — regardless of driving a vehicle.

Procedure in case of suitability doubts:

Conspicuous behavior identified by the police (e.g. jogging at 2.2 per thousand on public roads)

Regulatory notification to the driving license office

Order a medical-psychological examination (MPU) or an expert opinion

If the result is negative: Withdrawal of the driving license in accordance with § 46 FeV

Possibility of returning only after successful proof of stable abstinence

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4. Atypical cases: When off-tax behavior becomes relevant

Not only driving under alcohol, but also other behavioral problems in public spaces can be decisive for the aptitude test. According to Section 3 (1) StVG and the FeV regulations, the driving license must be withdrawn as soon as someone proves “unsuitable” to drive motor vehicles — regardless of a traffic violation at the wheel.

Possible constellations besides driving a car:

Heavily intoxicated pedestrians leading to risks on public roads

Abnormal behavior due to alcohol abuse, even outside traffic situations

Endangering third parties due to alcoholized behavior in the road environment (e.g. uncontrolled entry into roads, noise and aggression offenses)

Repeated missteps that give rise to doubts about general eligibility

Conclusion:
Just one serious incident can be enough for the driving license authority to take action and request a medical-psychological report. Careless misconduct — as in the jogging case outlined above — can have serious consequences for those affected from Telgte and throughout NRW.

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5. Need for advice and legal protection in Telgte and NRW

The lines between a mere administrative offense and serious losses such as the withdrawal of a driver's license are often blurred. In practice, it has been shown that even a single misconduct under alcohol can give rise to considerable doubts about the fitness to drive — even without a vehicle.

In the Telgte and NRW area, too, it is therefore advisable to seek expert legal advice quickly in the event of impending measures against driving licences. This is the only way to check whether the authority is proceeding correctly, what are the chances of success of an appeal and what evidence is required to regain the driving license.

Those who act in good time and seek professional advice effectively protect their right to mobility. Attorney Guido Depenbrock as a lawyer from Telgte will assist you through the process with legal expertise — from ordering an expert opinion to representing you before the driving licensing authority.

Please note: The content of our website is for informational purposes only and does not replace qualified legal advice that addresses the specific circumstances of your individual case. The legal situation can always change as a result of new court rulings or legal changes. If you would like a binding legal opinion or personal advice, we will be happy to help you. Get in touch with us anytime.

Cover photo:
Getty Images

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