Legal Assistance with Driving License Confiscation in Germany

Questioner

Dear Sir/Madam, I have a question regarding legal aid. I was arrested a day ago in Germany with a blood alcohol level of 0.61. As a result, my driving license was confiscated by the German police. Now the fact is that in my novice driver days (which I am not anymore for 5 days) I was previously arrested with too high a blood alcohol level. Because of this I had to take an ema course. My question now is whether you know what the next steps are. Will I get my driver's license back from the German police within a few days? Will this blood alcohol level be punished with a fine? Will I also lose my driving license in the Netherlands And will this arrest be reported to the CBR? Thanks in advance. Yours sincerely, *

Lawyer

The foreign authority may confiscate your driving licence and impose a driving ban - in that country. There are two possibilities for Germany, you will get your driving licence back within a few weeks via the RDW or the driving licence will only be returned after the expiry of the - still to be imposed by the court - period of disqualification. The denial is - still - national. The data is not shared in principle. There is a legal remedy, an objection, against the decision of the German court. I advise you to contact a German lawyer. In the border region they often also speak Dutch. The lawyer can try to persuade the German Public Prosecution Service to return your driving license.

Questioner

Thank you for your response to my question!! Unfortunately I still have a few questions. The fact is that I am a student and do not have legal expenses insurance so unfortunately I cannot hire a lawyer in Germany. However I was wondering how it works the German police told me that I can receive my driver's license within 4 days. How is this sent? Does this go as you say via the Dutch RDW? Or is it sent directly to my home? I am asking this question because the crime took place in Germany and not in the Netherlands. Thank you in advance!

Lawyer

Please note: if you have also made mistakes because you have drunk alcohol, this is not just a fine. In this case, it is a crime. The penalty is more expensive and the driving ban longer. In any case, 2 or 3 points are entered in the German register.