Drug test in Germania

[adrisc78]

Che poi guardate cosa ho trovato su un sito in inglese, in realtà non potrebbero nemmeno obbligarti a farlo perchè sembrerebbe facoltativo, ma a me avevano detto che finchè non lo facevano non mi lasciavano andare:

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What the Police can do – and what they cannot do.

In Germany the Police can stop your car for traffic control at any given time, anywhere and without any specific reason. The law states that either your car’s technical condition (traffic safety) or the driver’s physical condition is the focus of a Police traffic check. To be up to traffic safety standards, cars registered in Germany need a valid vehicle inspection sticker (TÜV sticker) on their license plate. If your car is registered in any other country, it will certainly help if you have some kind of written proof of your car’s last technical inspection, even if it’s not translated to German... Also, you must have a warning triangle and a first-aid box on board.

This is the formalities. We expect the Police to be much more interested in the driver’s physical condition than in your first-aid box... That’s why they will ask you / the driver if she/he consumed alcohol or any kind of drugs. --> No matter what, we highly recommend to answer this question with NO!

Depending on their judgement of the situation, they will then ask the driver if he/she is OK with an alcohol or drug test. In principle, in German law such tests are 100% voluntary – so please feel free to refuse them.
Especially with those express-tests (like urine, sweat & saliva), we strongly advice you on not doing them voluntarily because they are not very reliable.
NOTE: They cannot legally force you to do any test if you refuse to do so!
What's next?
If you refuse the express-tests, the Police will want to take you to the local Police station in Röbel to take a blood sample. Do not give up! If the Police really insists on a blood sample, there are two legal rules they must follow:

Only an official certified doctor can take your blood sample.
Before he/she can take your blood sample, the doctor must present to you an Order of Judge (Richterliche Anordnung) issued by a judge or the Public Attorney (Staatsanwaltschaft).
The consumption of drugs is legal in Germany! Only possessing, buying or manufacturing of drugs is illegal. That’s why a blood test of other people in your car is illegal. Don't let them fool you!

It’s also possible that the Police wants to search you or your car. This is only legal if anybody in your car is suspected of any illegal action. The condition for the Police is that anybody in your car has either committed a criminal offence or is preparing to commit one. They must have enough reason to believe so. Unfortunately, the Police can have "enough reason to believe" from nothing else but having merely visited Fusion festival. We highly doubt this, but unfortunately that's Police practise.
Here are some basic rules for dealing with the Police:
If asked by the Police, you should have some kind of valid document (passport, ID card, driver’s license) with your full name and date of birth.
Remain calm and polite at all times.
Make no statement other than full name, date of birth, address.
Never sign anything.
Refuse any examination of your body (tests, blood sample, whatever) – be polite but certain. Also refuse the search of your body and make it clear that you do not permit the Police to search your car – be polite but certain.
If the Police insists on a body search, ask for their legal grounds (Rechtsgrundlage) to do so. Ask them which why they believe that you may have committed any criminal offence.
Do not think the Police is always right! There are Police officers who play a bluff on you. They will always try to make you do the express-tests.
If you think the Police officer’s behavior is inappropriate or even illegal, you should request her/his name, personal registration number (Dienstnummer) and Police station in writing. This will help if you later decide to take legal action against him/her.