Chapter 1: How It All Began
Martin, a student at a local university, never imagined that his ordinary night out with friends, fun, and shawarma would turn into legal trouble. That evening, after visiting a bar, he rented an e-scooter to get to a shop and buy his favorite food. Martin was confident that an e-scooter wasn't the kind of vehicle strict laws applied to. It soon turned out otherwise.
While Martin was riding the e-scooter, he caught the attention of a police patrol. The reason was his unsteady maneuvers, which posed a danger to pedestrians. The officers stopped him and, suspecting intoxication, administered a breathalyzer test. The results showed he was over the legal limit. The police detained Martin and took him to the station, where a blood test confirmed a blood alcohol content of 1.35 per mille. After the offense was recorded and a report drawn up, he was released.
A few days later he received a letter from the police informing him that he was being charged with driving under the influence, as well as attempting to flee from the police. Martin, with no experience in such situations, immediately felt his world falling apart. The letter stated that he was invited to give a written statement on the case.
Martin was in a panic. He understood that the seriousness of the charges could affect his future and decided to seek help from an attorney.
Chapter 2: The Pre-Trial Stage: The Attorney's Work
Requesting and reviewing the case file
When a client such as Martin receives notice from the police that criminal proceedings have been opened against him, the attorney will typically request the case file from the authorities while informing the police that the client will not be making a statement and that, from that point on, the attorney is his legal defense counsel. While the criminal investigation is ongoing, the attorney can only judge the matter based on the police letter stating what the client is accused of. Only once the police investigation is complete and the case is handed to the public prosecutor can the attorney, having received and reviewed the file, determine a defense strategy.
That is exactly what our criminal defense attorney did: he requested the case file from the police, including the blood test results, interview transcripts, and CCTV footage, that could help the client's defense. After receiving and reviewing them, he carefully analyzed any possible errors or inconsistencies in the authorities' actions and checked the lawfulness of the arrest and other investigative steps.
Talking to the client and assessing the situation
Once the attorney had gathered all the available material, he moved on to evaluating the evidence. It was important to carefully analyze every element of the charge in order to identify possible errors in the alcohol testing, verify the lawfulness of the arrest, and consider whether witness statements could be challenged. For example, the attorney could check how accurately the alcohol level had been measured and consider whether Martin had been in a state to soberly assess the situation while under stress.
The attorney could also gather additional evidence, such as medical certificates about the client's condition and documentation of his conduct during the pre-trial proceedings, and could propose participation in road-safety education courses.
The next step was a follow-up meeting with the client, at which the attorney listened in detail to his version of events. Martin said he had been drunk but had not thought that riding an e-scooter was a crime. The attorney also established mitigating circumstances: the ride had been short, had not endangered other road users, and Martin was willing to take a road-safety course.
Evaluating the evidence and preparing a defense strategy
Based on the analysis of the file, the attorney prepared a written submission to the public prosecutor's office (Stellungnahme) requesting that the criminal case be discontinued under § 153 or § 153a StPO. He argued that the client had committed an offense that posed no serious threat to other road users and proposed further mitigation of the penalty through participation in educational programs.
Explanation: §§ 153 and 153a of the German Code of Criminal Procedure (StPO) concern discontinuing criminal proceedings and using alternative sanctions. Both provisions relate to the possible termination of criminal prosecution where there are grounds for a reduced penalty or for waiving trial.
§ 153 StPO — discontinuation for triviality (at the prosecutor's discretion): this provision allows the public prosecutor to discontinue a criminal case where the offense is deemed minor and a penalty is not needed to deter future offenses. This is typically applied where the harm caused by the offense is minor and the accused's conduct poses no serious threat to society.
§ 153a StPO — conditional discontinuation of criminal prosecution: this provision allows the public prosecutor to discontinue prosecution if the accused agrees to fulfill certain conditions, such as compensating for damage, participating in a social or educational program, or taking other measures that can mitigate the consequences of their conduct.
Chapter 3: The Strafbefehl
After the submission was filed, the attorney learned that a Strafbefehl — a penal order — had been issued against Martin, imposing a fine of €1,600, a six-month driving ban, and additional conditions. Martin felt the weight of this penalty. However, Martin did not accept such a strict decision.
On his client's instructions, the attorney decided to challenge the Strafbefehl, arguing that the fine was too harsh for someone facing such a situation for the first time and willing to cooperate with the authorities. He filed an appeal based on mitigating circumstances: an admission of guilt, willingness to take the courses, and no prior record. "We won't be able to avoid punishment entirely, but we can soften its consequences," the attorney told his client.
Chapter 4: The Court Hearing
After the Strafbefehl was challenged, Martin's case moved to the trial stage. At the hearing, the attorney gave the judge a detailed account of the circumstances, pointing to the minor nature of the client's offense and his willingness to correct his mistake.
The attorney also demonstrated that the violation had caused no serious consequences for other road users and that Martin was willing to take therapeutic courses and improve his conduct. In response to a tougher stance, the attorney presented additional mitigating circumstances.
"You must understand," the attorney explained to the judge, "that for someone facing this kind of situation for the first time, a fine of €1,600 (40 daily units of €40) and a six-month driving ban could be a serious blow to his future. We urge a reasonable approach that would let Martin keep his licence and move forward, having learned from his mistakes."
Despite the arguments presented, the court ruled: a three-month driving ban and a reduced fine of €15 per daily unit, i.e. €600 in total. This decision was influenced by the attempt to flee from the police, which could not be disregarded.
Chapter 5: Outcome and Lessons
Having recognized his mistake, Martin completed a course of psychotherapeutic support and gained a better understanding of the importance of road safety. Despite the difficulty of the situation, the attorney achieved a reduced penalty and helped his client get a second chance. Martin realized that it is important not only to follow the law but also not to be afraid to fight for it with the help of professionals.
"Anyone can make a mistake," the attorney said at the end. "What matters is how you learn from your mistakes and put them right."
So this story of the "night ride for shawarma" became a lesson not only for Martin, but for everyone who rides e-scooters. Road safety matters, no matter which vehicle you're on.
What Does This Decision Mean for You?
If you ride an e-scooter while intoxicated, you risk not only a fine but also losing your driving licence for all vehicle categories. The common misconception that e-scooters are classified like bicycles will not protect you from punishment. Even if you use an e-scooter for a short distance — for example, riding home after a night at the bar — and pose no danger to other road users, a blood alcohol level above 1.1 per mille puts you at risk of losing your licence. The minimum waiting period to regain your licence is three months, but in some cases it can be significantly longer.
When can your driving licence be revoked for riding an e-scooter? Licence revocation applies at a blood alcohol level of 1.1 per mille and above, since this is treated as absolute unfitness to drive.
Legal basis and limits
Case law treats e-scooters as motor vehicles, so the same alcohol limits apply to them as to cars. Here are the key thresholds:
- From 0.3 per mille, criminal liability arises if there are signs of impaired coordination.
- From 0.5 per mille, a fine of €500, two points in Flensburg, and a one-month driving ban apply.
- From 1.1 per mille, absolute unfitness to drive applies, leading to licence revocation.
Special circumstances and exceptions
In individual cases, a court may decide against revoking the licence if there are special circumstances, such as:
- a very short distance traveled;
- clear remorse on the driver's part;
- voluntary participation in road-safety education programs;
- proven sobriety after the incident.
Stricter rules for certain groups. Novice drivers within their probationary period and drivers under 21 are subject to a strict zero-alcohol limit. A violation results in a fine and one point in Flensburg.
Loss of the driving licence. Riding an e-scooter while intoxicated generally results in licence revocation. The Higher Regional Court of Braunschweig (OLG Braunschweig) held that the type of vehicle (e-scooter) is not an exception, and licence revocation is possible even for a very short ride.
How long does the ban on regaining a licence last after riding an e-scooter while intoxicated? The ban usually lasts at least 6 months, but the period can be extended depending on various factors, such as:
- the blood alcohol level;
- mitigating circumstances;
- an extended period in cases of serious violations.
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