Interesting account of a drink-driving experience via Germany

Raiser

Stumbled across this here http://www.howtogermany.com/pages/expat2.html

Peter Horvath wrote:

DUI - Not a Good Thing

By Peter Horvath

You have heard it and seen it time and time again: Don't drink and drive. In fact you may hear it so much that complacency sets in. Until the nightmare becomes your problem.

It was midnight and time to head home from a night of social interaction at my favorite pub. This particular night I decided not to call my usual taxi for the short ride home. Looking back, this decision was the most regrettable one I have made in 25 years of living in Germany. The most frightening of sights appeared in my rear view mirror on this short ride home: blue, flashing lights. A few minutes later, I was escorted inside the local polizei station where I was processed for drunken driving. I was immediately relieved of my German driver license (as well as my USA license) and taken home, with the arresting officer reminding me to "get a lawyer-you'll need it".

Since there was no personal or property damage and this was my first traffic violation, I assumed I would have my license back in weeks or at the most a few short months. Pay the fine and wait it out I thought.

I thought wrong, very wrong. What transpired after this was a course of events and financial burdens unlike anything I would wish on my worst of enemies.

It took 3 months to get the official paper work from the court officially charging me with "willful negligence" in driving under the influence. If convicted, this would stay on my record forever. This was my first battle to overcome. With my lawyer at my side, we appeared in court to challenge this and were successful. The charge was lowered to "simple negligence" while under the influence. I was assessed a several thousand Euro fine and a mandatory suspension of my driving privileges for 6 months. But, there was one mandated requirement that came as a shock to me. Because my BAL (blood alcohol level) was over 1,6% pro mille, I would have to successfully complete and pass what is referred to as the "idiot test" or MPU (Medizinisch - Psychologische Untersuchung).

The idiot test is named after one of three elements of this process. This particular element is a timed physical hand-eye coordination test and involves hand, eye, feet and hearing movement. This was the simplest of the 3 stages of the test. It is also one I personally advocate for all senior citizens in possession of a driver's license. A second element of the test was the doctor's physical examination that also involved a blood test. The blood is examined for a history of drinking habits. In order to pass this requirement, you must not have consumed alcohol for weeks prior and have not had a long and extensive drinking habit. This test was particularly complex for me because of my high levels of an enzyme called Gamma GT. In order to be exempt from this portion of the test, I underwent no fewer than 30 visits to my house doctor to monitor my Gamma levels. I did this during a period of 9 months and abstained from drinking altogether. With my Gamma levels still above what would be required to pass the test, I insisted on a liver biopsy. The biopsy confirmed that I was indeed not drinking and that my liver values were high due to other factors that were not life threatening. Although the biopsy was painful, the hardest part of the test was still ahead. I had to pass this final portion of the overall test or I would be rejected and have to wait at least 4 months to re-test.

The third and final part of the test to recover my driver's license was a long and extensive dialog with a Psychologist. You are asked a series of questions that require all correct answers (that are subjective at best.) The psychologist tries to determine if you can carry on in life with "some level" of controlled drinking or total abstinence. The questioning is extensive and intense. I had depended on the merits of a 4 month psychological "Freiungs" course to help me prepare for this psychological test. I felt confident after the completion of my test and had to wait 6 weeks to receive a letter telling me that I had failed.

Statistically, less than 70% pass this test on their first attempt. Failing the first attempt, I had to wait more than 4 months (suggested by the MPU institution) to retake the test. Only after spending Euro 1,500 with private, professional psychological counseling was I confident I could pass the test the second time I took it. The stakes, professionally and personally, were already too high. Three weeks after completing the second test, I was notified that I had passed.

What was the cost of regaining my license? Time, money and emotional stress for me as well as my family. I spent well over Euro 15,000 during this process. I lost productivity at work and became house-bound far too often. I forced this situation on my family. If I am ever faced with something as mundane and expected as a normal "polizei kontrol" and I have more than 0.03%BAL in my system, I will once again be without a license for no less than 2 years and have to repeat the entire process.

The responsibility of keeping your driver's license is not a right. As proverbial as it sounds, it is indeed a privilege. That is now quite clear to me and will never be taken for granted again.

Tigger

this is not germany

lets be happy about that

peasant

One might want to note that this fella states his alcohol level at "over 1.6 per mille" ...that is over twice the legal limit.

The application of the law/fines/punishments are staggered ...at over twice the legal limit, you get to feel the full brunt of it.

KTRIC

Tigger wrote: »

this is not germany

lets be happy about that

Yes lets be happy that people in Ireland have a relaxed view of drink-driving. Lets be happy when your mother, brother, sister or father gets killed by a drink-driver. Lets all be happy and disregard a law thats there for our safety.

L1011

peasant wrote: »

One might want to note that this fella states his alcohol level at "over 1.6 per mille" ...that is over twice the legal limit.

The application of the law/fines/punishments are staggered ...at over twice the legal limit, you get to feel the full brunt of it.

Agree with this - it wasn't a minor slip, it *was* willful negligence. I don't feel OK to drive directly after a pint, which with my body size will likely still be under the limit when its dropped here - at 2x, you're being dangerously stupid.

The medical examination and the pyschological test was, however, somewhat mental - but thats Germany for you. The two years and thousands of euros - tough, he deserved it.

DonJose

I have an idea that would cut drink driving overnight. Implement a law that would automatically confiscate your car if you are convicted of drink driving. The confiscated car would then be auctioned off or crushed if its a POS!!!

leeroybrown

DonJose wrote: »

I have an idea that would cut drink driving overnight. Implement a law that would automatically confiscate your car if you are convicted of drink driving. The confiscated car would then be auctioned off or crushed if its a POS!!!

No it wouldn't. The current legislation would almost completely stamp out drink driving if it was more rigorously enforced.

MSporty

Its a bit more complicated than that, sure someone whos tired or distracted would have the same reactions as someone with a couple of pints. Why should we be drones and model our drink driving laws on the german or northern european model.

Anan1

MSporty wrote: »

Why should we be drones and model our drink driving laws on the german or northern european model.

To save lives?

MSporty

Anan1 wrote: »

To save lives?

Ok lets follow the German model, im all for having no speed limits on approx 40% of our motorways!! Imagine driving at 260 kph just below the legal alcohol limit, sounds class to me!!

Anan1

MSporty wrote: »

Ok lets follow the German model, im all for having no speed limits on approx 40% of our motorways!! Imagine driving at 260 kph just below the legal alcohol limit, sounds class to me!!

Your point being? You asked a question and I answered it.

MSporty

My point is........we are different from the Germans.......believe it or not. Different motoring culture over there

Guy:Incognito

MSporty wrote: »

My point is........we are different from the Germans.......believe it or not. Different motoring culture over there

We are different from a lot of countries. Doesnt stop hundreds of threads over the years showing all the great bits of various different countries with people moaning that we dont have this or that that some other country has.

Tougher attitudes towards law breakers in general are needed in this country and no amount of whinging and sayign that if we want to take an example from another country that we have to legalise everythign they do is goign to change that.

MSporty

Stekelly wrote: »

We are different from a lot of countries. Doesnt stop hundreds of threads over the years showing all the great bits of various different countries with people moaning that we dont have this or that that some other country has.

Tougher attitudes towards law breakers in general are needed in this country and no amount of whinging and sayign that if we want to take an example from another country that we have to legalise everythign they do is goign to change that.

Yeah we need someone better to rule the country, preferably a disiplinarian with strong views on law and order.....just like the Germans had a few years ago

Guy:Incognito

MSporty wrote: »

Yeah we need someone better to rule the country, preferably a disiplinarian with strong views on law and order.....just like the Germans had a few years ago

Yes, thats exactly what I was syaing. We need a dictator that will murder a few million people. :rolleyes:

Either that or I meant that it shouldnt get to the stage where people are only seeing the inside of a a prison after 50 or 60 convctions.

Ill leave it to you to decide which one I was leaning towards.

MSporty

Stekelly wrote: »

Yes, thats exactly what I was syaing. We need a dictator that will murder a few million people. :rolleyes:

Either that or I meant that it shouldnt get to the stage where people are only seeing the inside of a a prison after 50 or 60 convctions.

Ill leave it to you to decide which one I was leaning towards.

Well the problem is that we have become one of the most liberal countries in the world, so while our drink driving laws have got stricter our benevolence towards serious law breakers has increased. Yet people like yourself are still whinging about someone driving with a couple of pints on board instead of whinging about the law's lenient treatment of more serious law breakers.

d15ude

MSporty wrote: »

Well the problem is that we have become one of the most liberal countries in the world, so while our drink driving laws have got stricter our benevolence towards serious law breakers has increased. Yet people like yourself are still whinging about someone driving with a couple of pints on board instead of whinging about the law's lenient treatment of more serious law breakers.

like to see how you feel about it when a fella with a "couple of pints" runs someone close to you into a cripple.

youtheman

Having read this story, it makes we wonder how things here in Ireland are.

I was in a pub last week having a meal with the family. Six o' clock on a bright summers evening (about the only one this summer). As I was about to leave I passed two guys at the bar, one was mindly pi55ed and the other was completely langers. They were are the stage 'you'll have another one, no I won't, it's time to go home, go on-one for the road).

As I was about to get into my car I noticed the first fella (less drunk of the two) approach his car. I said to myself 'surely he's not going to drive'. He didn't (maybe he saw me). The second fella staggered out the door (literally), hitched his trousers up, hopped into the car and drove off. In broad daylight, in a packed car park.

I took his reg. and immediately rang the cops. I'd love to know if they caught him, or even would then follow him to his house.

I came to the conclusion that there are still some die hards out there, i.e. habitual offenders.

Sorry for the thread drift, just couldn't believe it in this day and age.

OTK

In Ireland he would have faced a min 3 year driving ban for being over 150mg/100ml blood. He seems to have got away with under 2 years in Germany. The Irish ban can sometimes be reduced to 2 years by appealing to the court after 18 months ban has been served.

Unless you can name a garda when you're stopped in which case the penalty is zero.

Tigger

KTRIC wrote: »

Yes lets be happy that people in Ireland have a relaxed view of drink-driving. Lets be happy when your mother, brother, sister or father gets killed by a drink-driver. Lets all be happy and disregard a law thats there for our safety.

no i don';t think i said that
if the garda wanna check me every day they can and btw the garda could get their randomness srted out a bit
i drive a white 2.2veccy sri this means i always get to blow into the machine every time
whereas the bloke in the c class is seemingly getting through yet who is the one statistically likley to be drinking

still glad i don't live in germany

Tigger

OTK wrote: »

In Ireland he would have faced a min 3 year driving ban for being over 150mg/100ml blood. He seems to have got away with under 2 years in Germany. The Irish ban can sometimes be reduced to 2 years by appealing to the court after 18 months ban has been served.

Unless you can name a garda when you're stopped in which case the penalty is zero.

is that akin to walking the white line

MSporty

d15ude wrote: »

like to see how you feel about it when a fella with a "couple of pints" runs someone close to you into a cripple.

That same person could still be under the legal limit. What about someone who should be behind bars doing the same

Wertz

some drunk yank in Germany wrote:

I would have to successfully complete and pass what is referred to as the "idiot test"

I'm all for the introduction of that system in Ireland...imagine the reduction in traffic volumes...