Can the police take a blood sample at an alcohol or drug check in Germany?

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Alcohol checks are an important tool for the police in Germany to prevent accidents caused by drink-driving.

Anyone who is stopped because of suspicious driving should expect their fitness to drive to be checked. The precondition for this is an aggressive or erratic driving style or other conspicuous behaviour. But does this also apply to a blood sample?

Checking fitness to drive

Police officers in Germany have several ways of checking a driver's fitness to drive, but they usually ask the driver to take a breathalyser test or a rapid drug test voluntarily. The police may only carry out these tests if the driver agrees to take them voluntarily. If the driver refuses, the police must not force them to do so.

How a blood sample is ordered

Before the latest reform, the police needed a court order to have a blood sample taken. Now taking a blood sample for analysis no longer requires judicial approval; it is enough to assume that the driver may have committed an offence while under the influence of alcohol or drugs.

Such suspicion may be based on conspicuous driving, standing, walking or speech, the smell of alcohol or dilated pupils. So if a police officer notices the smell of alcohol, they can order a blood sample.

If the driver refuses to give a blood sample, the police may use force. Anyone who resists may also be liable to prosecution for resisting law enforcement officers under section 113 of the German Criminal Code (StGB).