"Nothing happens after one beer... except the desire for another beer."
Nearly everyone has, at some point, found themselves in an odd or absurd situation. It's a good thing when there are no negative consequences. It's far worse to become the victim of unlucky circumstances and be accused of an offense punishable by a substantial fine or imprisonment. Every driver knows perfectly well that you shouldn't get behind the wheel while intoxicated. Matters are often made worse by additional charges that come up frequently in our criminal defense practice: resisting police while intoxicated at the time of arrest, causing an accident while under the influence, causing serious bodily harm in an accident, and so on.
An intoxicated person, as both psychologists and everyday experience confirm, often behaves erratically: either trying to flee the scene of an arrest or accident, abandoning their own vehicle, or loudly insisting to a police officer that they haven't had a drop to drink and are, in short, a model citizen. It's not uncommon, in the course of arguing their case, for a detained person to resist the police — which only makes an already difficult situation worse. Alcohol impairs a person's ability to think clearly and drive safely, and is one of the leading causes of fatal accidents. A driver's intoxication increases the risk of collisions with pedestrians and oncoming traffic, running off the road on a bend, and accidents while overtaking.
But what happens when someone is accused of such a serious offense despite simply sitting in a car, with no intention of driving it themselves? We share one such curious case in this article.
The Client's Story: Beer with Friends and a Bottle from the Second Gas Station
A young man came to us — let's call him Viktor — facing serious charges. He was accused of driving under the influence (§ 316 of the German Criminal Code, StGB) and of physically resisting police officers (§ 113 StGB). Viktor faced a substantial fine or up to two years' imprisonment, as well as loss of his driving licence. What made it especially unfortunate was that, at first glance, the penalty appeared entirely deserved. But let's take it from the beginning.
Viktor successfully ran a small car repair shop in Berlin. The business had a good reputation, regular customers kept coming back, there was plenty of work, and things were going well. One Friday evening, after a hard work week, Viktor decided to unwind with friends and invited them over for a chat and a good beer. The evening passed quietly; the friends talked things through and started heading home. Viktor decided he wanted a bit more to drink and asked a sober friend to drop him at the nearest gas station, where he planned to buy another bottle of beer and wait for his wife, who would then drive her tipsy husband home.
At first, everything went according to plan: the friend dropped Viktor at the gas station, as agreed, made sure he got through to his wife, and explained where he was. The friend then went home, while our future client went in for another bottle. Unfortunately, he caught the attention of the gas station clerk, with whom he then had a brief exchange of words. Having seen Viktor's car pull in, smelled alcohol on him, and then watched him get back into his car, the clerk, without much thought, called the police. She naturally assumed Viktor had driven there while intoxicated and decided to do her "civic duty."
The Arrest: Resistance Over a Medication
What followed felt, to Viktor, like a blur. He clearly remembers the officers asking him to breathe into a breathalyzer to determine his level of intoxication. Fully aware of his own condition, Viktor tried, in broken German, to explain that he had not driven the car himself that evening and had no intention of doing so, and that he had simply been waiting for his wife at the gas station. The officers then asked him to come to the station for a blood test to determine his blood alcohol level.
At that point, Viktor mentioned that he was taking blood-thinning medication, meaning that only a doctor — capable of providing assistance if needed, and ideally in a hospital setting — should draw his blood. Otherwise, the consequences of the procedure could have been dangerous for him. Again, he struggled to explain this clearly, as his German was only conversational. Although the officers told him a doctor would draw the blood, Viktor didn't fully understand and resisted the officers, who used force to take him to the station. There, a doctor drew his blood, and the result showed a blood alcohol level of 1.8 per mille — well above the legal driving limit.
The Attorney's Work: Witnesses and the Gas Station Clerk's Testimony
Our client's case went to trial, and our firm's attorney began actively preparing for the hearing. As mentioned, the client faced a potentially lengthy prison sentence, having been charged with two serious offenses: driving under the influence and resisting police officers. The attorney faced a difficult task — he needed to present evidence and compelling arguments in the client's defense. The case was made harder by the fact that police officers were on the opposing side, and their testimony is generally treated by courts as that of independent witnesses.
So, defending Viktor's interests in court, the attorney:
- explained in detail at the hearing why the young man had been near his car with a bottle of beer in hand;
- brought in witnesses who testified to what actually happened that unfortunate evening;
- questioned the gas station clerk who had seen Viktor intoxicated and called the police.
Taken together, this body of evidence allowed us to get the first charge against our client — driving under the influence — dropped.
Outcome: First Charge Dropped, Second Closed for Triviality
Regarding the second charge, resisting police officers, the attorney also gave a detailed explanation and presented evidence that Viktor really was taking blood-thinning medication and that having his blood drawn outside a medical facility genuinely posed a risk. Still, the fact remained that our client had physically resisted the officers, having misunderstood their explanation that they intended to take him to a proper doctor for the blood draw. There was little option but to acknowledge Viktor's fault on this point and ask the court to discontinue the case under Section 153 of the German Code of Criminal Procedure (Strafprozessordnung, StPO) for triviality. First, the young man's actions caused no physical harm or property damage; second, he had resisted because he had legitimate reasons to fear for his health and safety in connection with the blood test.
To our client's great relief, the court ruled in our favor, and the young man was released without further consequence. We, too, were pleased that our attorney's professional work had resulted in the dismissal of charges that were not entirely fair. We wished Viktor success in all his future endeavors, along with caution and vigilance, especially when it comes to drinking in public.
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