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Drugs at the wheel: consequences and fitness to drive

Anyone who drives under the influence of intoxicating substances risks severe sanctions and doubts about their fitness to drive. Even proof of certain substances in the blood can be enough. Alongside the fine, the question of the driving license is often central.

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Driving a vehicle under the influence of certain intoxicating substances is recorded as an administrative offense (§ 24a StVG). If signs of impairment, an endangerment or an accident are added, a criminal offense can exist (§ 316 StGB).
Besides a fine or penalty, fitness to drive is often in question. The driving-license authority can require a medical-psychological assessment (MPU) before the driving license is granted again.

What you should do now

  1. 1

    1. Classify the accusation

    Clarify whether an administrative offense or a criminal offense is at issue.

  2. 2

    2. Use your right to silence

    Make no statements on the matter at first and have the accusations checked.

  3. 3

    3. File access

    Have the blood sample, values and procedure reviewed.

  4. 4

    4. Keep fitness to drive in view

    Prepare for possible requirements of the driving-license authority.

How to spot the scam

  • You underestimate the consequences for the driving license and the MPU.
  • Hasty statements worsen your position.
  • Deadlines in the fine or criminal proceedings are missed.

Frequently asked questions

Is drugs at the wheel a criminal offense?

Often initially an administrative offense under § 24a StVG when certain substances are proven. If signs of impairment, an endangerment or an accident are added, it can be a criminal offense (§ 316 or § 315c StGB). The classification depends on the individual case.

Does an MPU threaten?

Often yes. The driving-license authority regularly checks fitness to drive with drug drives and can require a medical-psychological assessment. Without a successful MPU the driving license is usually not granted again in such cases.

Should I make a statement at the check?

About the matter you do not have to say anything. It is usually advisable to remain silent and have the accusations, for example the blood values and the procedure, checked before commenting. But you must make statements about your person.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.