Return to Germany after unresolved DUI
#1
Original Poster
Joined: Sep 2015
Posts: 2
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Return to Germany after unresolved DUI
While living in Germany a little over 5 years ago I was arrested for DUI, The Police took My USAER Lisense and I was informed that I would be notified in The Mail of the consequences, after about three months I inquired about it and was told again just wait For something in the Mail. Then I moved back to The USA with the Matter unresolved, now a business trip will be taking Me back to Germany for 10 days , I do not plan on doing any Driving . Should I be worried about customs when Arriving in Frankfurt ?
#2

Joined: Dec 2009
Posts: 2,159
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This link might be helpful
https://www.google.com/url?sa=t&rct=...,d.aWw&cad=rja
Especially this part:
"Germany has the primary right to exercise jurisdiction over US soldiers in this field of concurrent jurisdiction. Yet, the German government has generally waived its jurisdiction in favor of the US government.
b. Unless recalled by the German authorities, the US military authorities have the right to deal with reckless driving, damaging US government property, drunk driving and negligent homicide as far as US soldiers are concerned."
https://www.google.com/url?sa=t&rct=...,d.aWw&cad=rja
Especially this part:
"Germany has the primary right to exercise jurisdiction over US soldiers in this field of concurrent jurisdiction. Yet, the German government has generally waived its jurisdiction in favor of the US government.
b. Unless recalled by the German authorities, the US military authorities have the right to deal with reckless driving, damaging US government property, drunk driving and negligent homicide as far as US soldiers are concerned."
#5
Joined: May 2007
Posts: 8,247
Likes: 0
When the detected blood alcohol content had been above 0.05 but under 0.11, your DUI incident was just a misdemeanor.
In that case, the German authority in charge (usually the respective county where it happened) had 3 months to send you the ticket.
The statutes of limitation know certain circumstances which extent the 3 months limit (i.e. when you moved, and they had to re-send to a new address, or when you had a rental car and they had to contact the company first), but in any case no legal action is possible after TWO YEARS (even in cases when you actively dodged the authorities).
When the detected blood alcohol was 0.11 or above, then you committed a felony. Which I hope you didn't, because you are really drunk with such a level. Anyway, felonies only expire after a much longer time than misdemeanors.
In that case, the German authority in charge (usually the respective county where it happened) had 3 months to send you the ticket.
The statutes of limitation know certain circumstances which extent the 3 months limit (i.e. when you moved, and they had to re-send to a new address, or when you had a rental car and they had to contact the company first), but in any case no legal action is possible after TWO YEARS (even in cases when you actively dodged the authorities).
When the detected blood alcohol was 0.11 or above, then you committed a felony. Which I hope you didn't, because you are really drunk with such a level. Anyway, felonies only expire after a much longer time than misdemeanors.
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Samantha_Pereira
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Feb 25th, 2014 12:51 AM




