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Driving without a driving license: penalty and consequences

Anyone who drives a motor vehicle without the required driving license commits a criminal offense, not just a regulatory offense. To be distinguished from this is merely forgetting the license document, which entails only a small warning fine.

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Driving a motor vehicle without the required driving license is a criminal offense (§ 21 StVG) that can be punished with a fine or imprisonment. Even the vehicle keeper who allows it can make themselves criminally liable.
Only the forgotten license document with an existing driving license is a regulatory offense with a small warning fine. Anyone who never had a driving license or whose license was withdrawn commits a criminal offense.

What you should do now

  1. 1

    1. Classify the accusation

    Clarify whether you had no driving license or only the document was missing.

  2. 2

    2. Remain silent

    Make no statements on the matter at first.

  3. 3

    3. Access the file

    Have the accusation and the evidence examined.

  4. 4

    4. Weigh the consequences

    Consider the penalty, entry and effects on a future driving license.

How to spot the scam

  • A criminal offense is confused with merely forgetting the document.
  • Hasty statements worsen the position.
  • Effects on the re-issuance of the driving license are overlooked.

Frequently asked questions

Is driving without a driving license punishable?

Yes. Anyone who drives a motor vehicle without possessing the required driving license commits a criminal offense (§ 21 StVG). This applies, for example, if you never obtained a driving license or it was withdrawn. A fine or imprisonment threatens.

What if I only forgot the license?

If you have a valid driving license but simply did not have the license document with you, that is merely a regulatory offense with a small warning fine. This is clearly to be distinguished from the criminal offense of driving without a driving license.

What consequences does a conviction have?

Besides a fine or imprisonment, the court can take measures affecting a future driving license, for example a bar period. In addition an entry threatens. Since the consequences are considerable, you should have the accusation examined before you comment.

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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.