Received letter from police for being drunk and riding bicycle in Germany [closed]

I was caught being drunk while riding a bicycle and the letter states that it is a criminal offence. The letter mentioned a couple of options that I can follow such as 1. Accepting the crime, 2. Express yourself in a letter, 3. Pay fine, 4. Go to a lawyer, etc. My position is: I was drunk true, but I was not going to ride the bicycle home. It was 2 o'clock in the morning and I was with two guys, who had the bicycle. The bicycles were parked in front of a church and since there was no one on the streets, I was just trying one bicycle and could have gone 50-60 meter in the pavement when the police caught me.

I understand I broke a law. I am foreigner, I didn't know this law. This drunk bicycling can lead to a criminal offence, I did not realise that. I am very embarrassed about my actions.

Now I want to express my self in a letter. Since the law is not my domain, I would like to get some help, if anyone can help me out or give me some hints on how I should draft my letter. And, if possible also let me know how much fine I have to pay. Its been only one month since I am working.

Thanks

Best Answer

If you in Germany ride a bicycle under influence of alcohol and your blood alcohol content is above 0.16% or the police deem you incapable of riding the bicycle without endangering others, the consequences are basically the same as if you had been driving a motorized vehicle. It is of no relevance that you were only riding 50-60m or that it was not your bicycle.

Expressing yourself in a letter will potentially only make matters worse, since you might admit to something the police is not yet aware of. You can not expect such a letter to have any significance for your defence.

If the accusations against you are factually correct and there are no obvious mitigating circumstances, you might be better admitting the crime and face the penalty. Otherwise, you should hire a lawyer for your defence. Unless you are entitled to a free lawyer, you must however consider that you have to pay the lawyer on top of any penalty you will get from the court.

As you pointed out in a comment, your BAC was measured to 0.166% and therefore above the absolute 0.16% limit. The charges against you are therefore not based on a subjective assesement of your capability to operate a bicycle. With a BAC that high, you must in addition to a fine also expect that your driver's license (or right to drive in Germany, in case you have a foreign license) will be revoked. If you really depend on your driver's license, e.g. to perform your occupation, the court have the option to give you some leeway and let you keep your license. In this case, you may also be better off hiring a lawyer to help you out.

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Received letter from police for being drunk and riding bicycle in Germany [closed] - Pensive diverse friends standing with bicycles in downtown

Received letter from police for being drunk and riding bicycle in Germany [closed] - Close-Up Shot of a Cyclist Riding a Bike on the Road

Received letter from police for being drunk and riding bicycle in Germany [closed] - Close-up Photo of Cyclists

Is it illegal to cycle drunk in Germany?

In Germany cyclists are subject to the same traffic and drink driving laws as everyone else: German cyclists and and do lose their driving licences for cycling while under the influence.

Can you be prosecuted for riding a bicycle while drunk?

It is illegal to ride your bike under the influence of drink or drugs, and you would be guilty of this if you were unfit to ride to such an extent as you are incapable of having proper control of the bicycle.

What is the punishment for cycling under the influence?

The punishment for the offence would most likely be a fine. Your driving licence cannot be endorsed. The Police would most likely assess the cyclist and if they felt the cyclist was a danger to himself and/or others they might arrest him or the cyclist would be cautioned or face a fine.

Can police fine cyclists?

As a cyclist the most likely thing you'll be fined for is jumping a red light. In London the police occasionally crack down on this behaviour due to the sheer pressure from the public. Been caught for this offence carries a \xa330 fine.

Countless bikers gave a special surprise to a young boy

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Images: Martin Magnemyr, Samson Katt, Pavel Danilyuk, Pavel Danilyuk