Sofortvollzug der Entziehung einer Fahrerlaubnis nach Trunkenheitsfahrt mit Fahrrad (BAK 2,35 ‰).

The article deals with the immediate enforcement of the revocation of a driver's license after cycling under the influence. An applicant had lost his driver's license due to cycling under the influence with a blood alcohol content of 2.35 ‰. The administrative court overturned the decision of the district office, but the Free State of Bavaria filed an appeal. The applicant filed a motion to amend the decision and restore the suspensive effect of the lawsuit, which was rejected because the appeal is likely to be successful. According to § 13 sentence 1 no. 2 letter c of the Driver's License Regulation (FeV), the driver's license authority can order the submission of a medical-psychological assessment if the driver's license holder has operated a vehicle in road traffic under the influence of alcohol, including bicycles. The driver's license authority can assess the need for an assessment independently of criminal prosecution, but this must be sufficiently documented. [Extracted from the article]