Festival summer means heat, little sleep, and cramped tent living.
However, festival summer also means unforgettable acts, time spent with friends, solidarity, freedom, and lasting inspiration.
Anyone who has travelled to Fusion or another large festival before will also know the downside: police checks are now almost a standard part of arrival and departure in many places („blue zone“).
To ensure that a carefree festival weekend doesn't lead to unnecessary legal repercussions, it's worth knowing your rights and obligations.
While the following guidance does not replace individual legal advice, it provides an overview of the most important principles for dealing with police checks.
The golden rule: Never drive under the influence of alcohol or drugs!
It's a given: anyone who drives a vehicle under the influence of alcohol or other drugs not only endangers themselves but also other road users.
Furthermore, there are severe legal consequences. From fines and criminal investigations to the loss of your driving licence.
A driver is considered to be any person who consciously steers or operates a device for locomotion, i.e. a vehicle (bicycle, car, e-scooter etc.).
Anyone who has any doubts about their fitness to drive should always arrange for a sober driver, book a ‘Clean Driver’ service or use public transport.
Tip No. 1: Remaining silent is a right and often the wisest decision
A principle that criminal defence lawyers have preached for a long time is: You generally have no obligation to make statements about the matter to the police.
You only have to
- to state your personal details,
- your driving licence, as well as
- Show the vehicle documents.
Furthermore, you are not obliged to answer questions.
In particular, you should not make any statements regarding possible alcohol or drug consumption (neither current nor past consumption).
Even seemingly harmless comments can later be used as incriminating evidence. Statements about regular or repeated use, for example, can make it easier to justify further investigative measures.
Even the conversation with the police can form part of the evidence-gathering process. Police officers are trained to identify clues that may lead to further action.
Factual and polite replies such as „I do not wish to comment on that“ are entirely sufficient and do not put you at any legal disadvantage.
Tip No. 2: Do not voluntarily legitimise coercive measures
Mere attendance at a festival does not establish reasonable suspicion and does not justify further intervention.
As part of general traffic checks, the police are authorised to stop and check drivers. In the case of pedestrians and passengers, their powers are, in principle, limited initially to establishing their identity.
The police must issue separate orders for any further measures (e.g. searches or blood tests) and state the grounds for them.
It may only do so where there are specific grounds for suspecting that criminal offences or administrative offences have been committed.
If the police believe these exist, the following can be ordered in particular:
- in relation to drivers: a blood sample (cf. § 81a para. 2 no. 2 StPO) and, if applicable, a search,
- potentially a search of pedestrians or fellow passengers.
Where appropriate measures are ordered, the following applies:
- Express your objection to the measure clearly, but politely.
- Do not offer any physical resistance.
- Do not sign any statements or declarations.
Whilst a verbal objection does not usually prevent the measure from being taken, it does serve to document that it is not being carried out with your consent.
Tip No. 3: Voluntary means voluntary
A common misunderstanding is that those affected believe they have to justify why they refuse certain tests.
The opposite is true: If the police wish to interfere with fundamental rights, they require a legal basis for this authorization. If the prerequisite for these authorization grounds is not met, participation in many measures remains voluntary.
These include in particular
- Breathalyser tests,
- Drug screening tests using saliva, urine, or sweat samples,
- Coordination and balance tests, as well as other behavioural tests.
Particularly when the legal conditions for a compulsory order are not met, police officers often try to obtain voluntary consent.
Such statements do not alter the fact that voluntary measures remain, by their very nature, voluntary. If there is already reasonable suspicion, your consent is generally no longer required in any case.
Therefore, the advice is: remain friendly, respectful, and calm. However, refrain from voluntary tests if you do not wish to undertake them.
This post is for general information only and does not constitute legal advice. It cannot and is not intended to replace individual legal advice in specific cases. Every situation has particularities that may require a different legal assessment. To assess your personal situation and develop a solution tailored to your case, obtaining qualified legal advice is recommended.