Driving license confiscated due to alcohol

Driving offences and licence seizure are separate issues

The fact that the police do not immediately confiscate a driver's license does not mean that driving with the measured amount of alcohol was permitted. The alcohol limit for driving and the conditions for seizure have different functions. A lower number may therefore still lead to criminal prosecution or a CBR measure.

For mandatory seizure, the Public Prosecution Service mentions more than 570 micrograms of alcohol per liter of exhaled air or 1.3 per mille of blood alcohol for experienced drivers. For novice drivers, this is more than 350 micrograms or 0.8 per mille. There are also other grounds, such as refusal to cooperate or serious endangerment.

Read the value together with the unit

A value in micrograms per liter of exhaled air is not the same number as a blood alcohol content. Do not include both in the same column and do not calculate with an online rule of thumb as if it replaces a file result. Ask which research provided the value and where the final result is recorded.

Note the times of the inspection and examination, what information you received and whether additional examination was required. You don't have to understand all the technical details on the spot. For the assessment, it is more useful to keep the documents in their entirety than to reconstruct an exact measurement history afterwards based on memories.

Check whether you are treated as a novice driver

The date on which you received a driving license and your age at the time of issue may be relevant to the status of a novice driver. Owning multiple categories does not make an assessment self-evident. Have an assumption about this checked with the issue dates and the information in the file.

Before a meeting with your lawyer, write down which categories you have and when you received them. Also mention a foreign driver's license or an exchange. The aim is not to choose the applicable limit yourself, but to ensure that the legal assessment is based on the correct personal data and driving license history.

A temporary driving ban and seizure can apply simultaneously

An immediate driving ban during an alcohol test is different from confiscating and retaining your driver's license for a longer period of time. The expiry of a number of hours of driving ban does not cancel the seizure. So don't drive because you feel sober again or because the time on a separate form has passed.

Arrange someone to pick you up and see which business appointments need to be rescheduled. Keep every document handed out, even if several papers seem to say much the same thing. The exact text makes it clear whether it concerns a short-term ban, a suspended driving license or a decision on validity.

Prepare the first decision of the Public Prosecution Service

After seizure, a decision on refund or deduction will in principle be made within ten days. That is not a statement about all the consequences of the alcohol suspicion. Anyone who wants to make a request can make an overview of the facts, the available documents and a substantiated interest in provisional restitution.

Make work interests concrete with activities, journeys and realistic alternatives. An employer's statement that only says that you are indispensable leaves many questions open. For example, explain whether tasks can be adjusted and why public transport or ride-sharing for certain services is not a workable solution. In driving license required for work you will find the questions that a specific statement must answer.

• Record final result and unit of measurement.
• Collect driver's license data and proof of confiscation.
• Organize documents about work or necessary care tasks.
• Check which OM decision has now been made.
• Keep CBR post and comment data separately.

CBR letters require their own response

The CBR looks at safe participation in traffic. This can lead to a educational measure or fitness to drive test. The measure that applies is not only determined by the fact that the police have confiscated your driver's license. Read the concrete decision, the reasons, payment information and the instructions for cooperation.

A letter to the public prosecutor is not a objection to the CBR. An objection to the CBR decision does not automatically stop its operation. driving suspension and CBR explain how you can put both processes into your own schedule, so that a missed payment or installment does not go unnoticed.

Look beyond just the fine

A traffic criminal case may involve a fine and driving ban; personal circumstances and previous facts can influence the assessment. An overview on the internet that only shows an amount next to a blood alcohol content is therefore insufficient to determine the outcome of your file.

Carefully review a received penalty notice or summons before responding. The method of settlement may have consequences for your legal remedies and registration. The explanation about the criminal record makes it clear why a criminal decision is not the same as any administrative traffic fine.

Focus on your first request for help

A good first question is, for example: is the basis for seizure correct, which decision now applies and are the documents sufficient for return? That is more concrete than asking what percentage chance you have. A traffic lawyer often needs to see more than a single measurement value or a summary of the conversation on the street.

For the next steps, read driving license recovery and the general guide driving license recovered. Also bring any CBR letter with you to the first meeting. This way it can be discussed immediately whether additional expertise or a separate assignment is required for the second procedure.