"Foolishness drives a man down crooked roads."
Syrian saying
Residents of Germany are probably aware that since mid-June 2019, e-scooters have had the status of an officially permitted vehicle. The e-scooter (German: E-Roller) is currently one of the most debated topics in road traffic. It should be noted that, despite their massive popularity among young people, this new mode of transport has not appealed to everyone. City streets often show e-scooters lying on sidewalks or roadsides, adding extra chaos to already fairly disorderly traffic. Broadly speaking, an e-scooter isn't all that different from a bicycle, so the rules for cycling also apply to e-scooters. This means e-scooters may be ridden on cycle paths, or on the road where no cycle path exists. Riding on sidewalks and against the flow of traffic is prohibited. There are no special rules yet for e-scooter "drivers" — the general rules of the road apply to them. Whoever is riding more slowly must keep to the right and not obstruct overtaking. Turns must be signaled by hand. Speed on an e-scooter must not exceed 20 km/h.
Because an e-scooter is a vehicle that poses an increased danger, the rules banning intoxicated driving apply to it in full. The same blood alcohol limits apply to e-scooter riders as to car drivers — 0.5–1.09 per mille is punished with a €500 fine, two points in the register, and a driving ban for a certain period. If an accident occurs, even 0.3 per mille is treated as intoxication, with all the consequences that follow, including criminal proceedings.
Our law firm is regularly approached by clients seeking advice and representation in administrative and criminal proceedings related to traffic violations in Germany. In defending our clients' interests, we listen to them and explain the possible outcomes of the case under the applicable law, then request the case file from the police and analyze all the circumstances of what happened. Finally, in order to protect our client's interests, we identify circumstances that support either avoiding liability where no offense has been committed, or liability strictly proportionate to the conduct involved. In this article, we describe one case from our practice involving the defense of a client who had been riding an e-scooter while intoxicated.
The Client's Story: A Birthday and a "Knight's Move" on an E-Roller
A young man came to us — let's call him Roman — who is into sports, long-distance cycling, and generally lives a healthy lifestyle. Unfortunately, the evening that led to him being held liable was something of an exception to that rule. Our client had been invited to a friend's birthday party. It started at a local Vietnamese restaurant, then the group of 15 cheerful young people moved on to a nearby bar, where everyone drank beer and joked around. Even though it was already past midnight, the party spirit called for more, and the group decided to head to a nightclub.
At that point, they had to decide how to get there. Most of the young people got into taxis and went on to enjoy themselves. Our client decided to make a "knight's move" — he unlocked a nearby parked E-Roller and shouted to his friends that he'd be at the club before all of them. Roman set off carelessly and picked up speed to around 20 km/h. This bold start had a less cheerful sequel: the alcohol he had drunk made itself felt. Roman tried to ride as carefully as he could, but his "wavy" riding caught the attention of police officers driving past in a patrol car.
The young man was asked to blow into a breathalyzer used to measure blood alcohol content — that is, to undergo an initial sobriety test — after which Roman was taken to the nearest police station for a second test. Notably, the roadside test measured 1.3 per mille, while the test at the station measured 1.1. No blood sample was taken to test for alcohol content. After the corresponding report was drawn up, Roman was released.
The Attorney's Work: An Administrative Offense or a Criminal Case?
There was, of course, no question of excluding the intoxicated rider's fault; the young man turned to an attorney at our firm to fully defend his interests and secure a penalty proportionate to his conduct. The key issue in this case was classification — as a minor offense under administrative law, or as a crime punishable under § 316 of the German Criminal Code (Strafgesetzbuch, StGB). The prospect of the second scenario was not encouraging, since the potential liability took the form of a substantial fine or up to one year's imprisonment, as well as a one-year driving ban.
The attorney took on the case without delay and requested the case file from the police. Based on the available information about the circumstances of the case, he prepared a detailed motion to the public prosecutor's office arguing that the case should be classified as an administrative offense. The main arguments set out in the attorney's motion were as follows:
- the case file noted that Roman had ridden the e-scooter unsteadily, but there was no suggestion of a serious traffic violation or of creating a hazardous situation on the road. His riding therefore did not pose a direct danger to other road users;
- our client had not given a blood sample to determine the precise blood alcohol level. According to the roadside test, his blood alcohol content was 1.3 per mille, while the station test showed 1.1. Because of this lack of precise readings, the degree of our client's fault could not be established with certainty. What mattered here was that, depending on the reading used, he would either face administrative liability or criminal liability, which carried the risk of imprisonment.
Outcome: A Fine Instead of a Criminal Case
In his motion, the attorney pointed out that any doubt and any unproven facts must be resolved in the accused's favor. He also noted that Roman was, on the whole, an exemplary driver — his driving record contained no serious violations or fines. Having reviewed the arguments set out in the attorney's motion, the public prosecutor's office agreed with them. Our client was fined €300 and given a two-month driving ban. Compared with the penalty he would have faced under the other scenario, it is fair to say that the defense was carried out successfully and effectively. Roman, feeling as though "a weight had literally been lifted off his shoulders," thanked us for our professional work and asked whether he could turn to us again in future if needed. We, in turn, wished Roman success in all his endeavors and urged him to be careful and attentive, especially when it comes to operating vehicles that carry an increased risk.
Conclusion
In conclusion, it should be noted that the rise of e-scooters, in Germany and elsewhere, has been accompanied by a rise in injuries and traffic incidents. Not only car drivers, who often simply fail to treat e-scooters as full participants in traffic, have struggled to adapt to this new mode of transport. Urban infrastructure, too, does not always meet the new requirements — the condition of roads and cycle paths does not always guarantee safe travel on this new type of vehicle. The environmental credentials of e-scooters are also questioned by experts. Of course, a scooter emits no pollutants while being ridden. However, manufacturing lithium batteries for electric vehicles and e-scooters is a complex process with a significant environmental footprint at every stage of production and disposal, on top of the electricity generation required and the use of conventional (internal-combustion) vehicles to collect and deliver scooters for charging. Nevertheless, the low cost, convenience, and ease of use of e-scooters are undeniable advantages for residents of large cities. We wish all experienced and young riders alike to stay alert and attentive on the road and, when planning their trips, to think of both the environment and the life and health of other road users.
Frequently Asked Questions
What is the difference between administrative and criminal liability for riding an e-scooter while intoxicated?
The line runs at roughly 0.3–1.1 per mille depending on the circumstances: where there is an accident or signs of unsteady riding, criminal liability under § 316 StGB is possible, while without such signs the case may be classified as an administrative offense.
Why did the discrepancy in the breathalyzer readings matter in this case?
The differing readings (1.3 and 1.1 per mille) made it impossible to establish the precise degree of intoxication, so any doubt was resolved in the accused's favor.
Do the same alcohol limits apply to e-scooters as to cars?
Yes — case law treats e-scooters as motor vehicles, so the same thresholds apply: 0.5 per mille for administrative liability and 1.1 per mille for absolute unfitness to drive.
All rights reserved. Copying or republishing this article requires a link to the original source.
