MPU due to alcohol: when it is ordered

An MPU due to alcohol is always ordered if you drove with a blood alcohol concentration of 1.6 per mille or higher, or 0.8 mg/L or higher in your breath. However, it can also be ordered much sooner. According to case law, a blood alcohol concentration of 1.1 per mille or higher is sufficient even if the police did not note any signs of impairment. This threshold is not specified in any specific section of the law. And if you have been caught driving under the influence twice, two readings of 0.5 per mille or higher are sufficient. Criminal proceedings are not required in such cases.

Another crucial point is this: Even if a court has only imposed a disqualification period before reissue, the driver’s license office will independently assess your fitness to drive afterward. The expiration of the disqualification period does not automatically restore your driver’s license.

This guide answers the question of when the order is issued and how you can tell from your own case. It does not explain how the examination itself is conducted or what questions are asked during it. There are separate guides for that, linked in the appropriate places and compiled in the Guide Overview.

At what blood alcohol concentration is an MPU ordered?

This is a misconception that we clear up over the phone, and it costs people months: people believe that an MPU is only required for blood alcohol levels of 1.6 per mille or higher.

The 1.6 per mille threshold is not a lower limit. It is the threshold above which the authorities are required to issue an order solely based on that value. Below that threshold, they must also issue an order, but for other reasons. The law provides several avenues for this.

The legal basis is Section 13 of the Driving Licence Regulation. It specifies when the authorities require a medical-psychological expert report / assessment report. Two cases from the following overview surprise almost everyone: the two instances of driving with a blood alcohol concentration of 0.5 per mille or higher—as specified in the law—and the 1.1 per mille without signs of impairment, which stems from case law. We’ll explain both in detail shortly.

If you base your plan on the 1.6 threshold, you’re not taking reality into account. Instead, see which of these options is open to you.

Driving Under the Influence of Alcohol: Administrative Offence or Criminal Prosecution?

This is almost always the second question people ask, and it’s more important than it sounds. The answer determines whether you’ll get your driver’s license back or whether your driving licence (legal permission to drive) will be revoked.

Administrative offence This means: You were driving with a blood alcohol concentration of at least 0.5 per mille without drawing attention to yourself. No swerving, no accident, no signs of impairment. A fine will be imposed.

Criminal offense This means: You had a blood alcohol level of 1.1 per mille or higher. Or you had a level of 0.3 per mille or higher and also drew attention to yourself, for example, through an accident or reckless driving. Both thresholds are based on case law; they are not specified in the law. The district attorney’s office will then investigate.

The difference in one sentence: A temporary driving ban suspends your driving licence. Revocation means your driving licence is no longer valid.

If you just received mail and aren’t sure what it’s about: If it says “fine notice,” it’s an administrative offence. If it says “summary judgment” or “indictment,” it’s a criminal proceeding. The two scenarios are explained in detail in the guide. Drunk Driving: Administrative Offence or Criminal Offense.

The two columns are separate from one another. A temporary driving ban is the penalty for the administrative offence, whereas the MPU order is a separate decision by the driver’s license authority regarding your fitness to drive. It can be issued even after all criminal proceedings have long since been concluded. The point values apply to the entry in the Driver Fitness Registry pursuant to Section 4 of the Road Traffic Act (StVG); the assessment itself is set forth in Appendix 13 to Section 40 of the Driver’s License Regulations (FeV).

Why the MPU is required even at 1.1 per mille

The text of § 13 FeV specifies 1.6 as the sole blood alcohol concentration threshold, alongside a breath alcohol concentration of 0.8 mg/l. Therefore, anyone stopped with a blood alcohol concentration of 1.3 per mille expects criminal proceedings and a Disqualification period before reissue, not an assessment.

Nevertheless, the authorities also require an MPU even below this threshold. This stems from case law, not the text of the regulation: An expert report / assessment report must be submitted even if someone has driven with a blood alcohol concentration of 1.1 per mille or higher on a single occasion and the report does not mention any alcohol-related impairment. This threshold is not specified in any section of the law. The reason lies not in the value itself, but in what it reveals about alcohol consumption.

This was the ruling of the Federal Administrative Court on March 17, 2021 (3 C 3.20). Important: The absence of signs of impairment must be documented in the case file, for example in the police report or in the medical report on the blood test.

Why the absence of signs of impairment works against you

If someone has a blood alcohol level of 1.3 per mille but still speaks clearly and stands steadily, they likely have a high tolerance for alcohol. This tolerance doesn’t develop in a single evening. Alcohol tolerance is the result of regular consumption over an extended period of time.

For the driver’s license authority, this means: This is not a one-time lapse, but a pattern. A pattern raises doubts about the driver’s Fitness to drive, and it is precisely these doubts that constitute the legal basis for an MPU.

This is the assumption the authorities start the proceedings with—not a diagnosis. It can be refuted, and that is precisely the purpose of the assessment: to show what lies behind the score and what has changed since then.

The assessment practice takes a similar view. The assessment criteria include a statement by Prof. Emeritus Stephan (University of Cologne) on this topic:

Why the police report determines the outcome of your case

Your case will therefore be decided by a detail you can no longer influence: what the officer wrote in the report at the time. If it says “unsteady gait, slurred speech,” our counseling experience shows that this argues against an order being issued. If nothing of the sort is mentioned, it argues in favor of it.

Reviewing your file is therefore the first step, not the last. And there’s a time window for this that is regularly missed in MPU Guru’s consulting practice: Immediately after receiving the order, before you notify the authorities of an assessment center. After that, the file is sent there, and the preparation process loses exactly the weeks it needs most. Expect the authorities to take two to four weeks to process it.

You have the right to inspect the file yourself, provided you need it to protect your legal interests. You don’t need a lawyer for this. Where a lawyer is worth it is in interpreting the information: what’s in the file is rarely self-explanatory. There is one exception, and it’s important: As long as criminal proceedings are ongoing, only a defense attorney has access to the investigative file. The guide explains where a lawyer can really make a difference in the MPU process—and where they cannot. Lawyer for the MPU.

What happens if you’re caught driving twice with a blood alcohol level of 0.5 promille or higher?

This point resonates with people who felt secure. Two traffic tickets—both times for driving without any issues, both times no criminal offense, no court appearance, no driver’s license suspension. And yet, the MPU is still required.

The reason lies not in the blood alcohol concentration, but in the repeat offense itself. Anyone caught driving under the influence twice has not learned the lesson from the first offense that the authorities had a right to expect. The first offense may have been a one-time slip-up, but the second refutes that explanation. That is precisely the legal basis:

Two traffic violation notices are enough

Section 13, sentence 1, no. 2 b of the FeV does not specify a blood alcohol concentration (BAC) limit. The law refers only to repeated violations committed under the influence of alcohol.

Two administrative offences under § 24a of the Road Traffic Act (StVG) are sufficient. Two instances of a blood alcohol concentration of 0.5 promille or higher, both times driving without incident, both times resulting in only a fine. No criminal proceedings, no court, no license revocation. And yet, one day, the MPU order arrives in the mailbox.

Years may have passed between the two violations. The decisive factor is whether they are still listed in the Driver Fitness Registry. Expunged entries may continue to be used in license issuance and revocation proceedings under strict conditions (Section 29(7), second sentence, StVG).

One important exception: Violations that relate exclusively to Section 24c of the Road Traffic Act (StVG) are not taken into account. This refers to the absolute ban on alcohol and cannabis for new drivers and drivers under the age of 21. According to this provision, two violations of this ban do not trigger the MPU. This is expressly stated in § 13, sentence 2, of the FeV.

MPU due to alcohol while riding a bicycle: Your driver’s license is also affected

The 1.6 per mille limit applies to any vehicle, not just cars. Section 13, Sentence 1, No. 2 c of the German Driver’s License Regulations (FeV) explicitly refers to a “vehicle,” which includes bicycles. Anyone who rides a bicycle with a blood alcohol concentration of 1.6 per mille or higher will therefore generally be ordered to undergo an MPU, and this also affects their driving licence. If you fail to submit the Expert report / assessment report, the authorities may revoke your driving licence. This was the case for a cyclist with a blood alcohol concentration of 2.35 per mille: The Bavarian Administrative Court overturned the bicycle ban, but the revocation of the driving licence remained in effect. The Federal Administrative Court dismissed the appeal against this decision on August 2, 2024 (3 B 17.24).

Is there a stricter blood alcohol limit in Bavaria?

No. The requirements for an MPU are set forth in § 13 of the FeV, and the regulation applies nationwide. The reputation that Bavaria is stricter stems from the past: The Bavarian Administrative Court previously required an MPU following a criminal conviction for alcohol-related driving, even for blood alcohol levels below 1.6 per mille. The Federal Administrative Court corrected this on April 6, 2017 (3 C 13.16 and 3 C 24.15). Since then, the same rule has applied in Bavaria: A single incident of driving with a blood alcohol concentration below 1.6 per mille is not sufficient on its own; additional facts indicating Alcohol abuse are required.

Does an accident involving alcohol automatically lead to an MPU?

No, an accident alone does not constitute grounds for an MPU. The decisive factor remains whether the criteria of § 13 FeV are met: a blood alcohol concentration of 1.6 per mille or higher, repeated violations while under the influence of alcohol, or other circumstances suggesting Alcohol abuse. Whether you’ll need to undergo an MPU after your accident depends on your blood alcohol level and your driving record. That’s exactly what we’ll clarify during your free initial consultation.

How long will my driver’s license be suspended?

Hardly anyone likes the honest answer: significantly longer than the disqualification period before reissue specified in the court ruling would suggest.

In the case of an administrative offence, the situation is straightforward. A one- to three-month temporary driving ban, and then you can drive again.

In the case of a criminal offense, the court imposes a driving suspension. According to Section 69a(1), first sentence, of the German Criminal Code (StGB), the suspension ranges from six months to five years; according to the second sentence, it may be ordered permanently in exceptional cases. If a suspension has already been ordered once in the three years prior to the offense, the suspension must be at least twelve months (Section 69a(3) of the German Criminal Code (StGB)). The suspension begins when the judgment becomes final (Section 69a(5), first sentence, StGB). The period of a provisional suspension prior to the judgment does not shorten the suspension itself, but only its minimum duration (Section 69a(4) of the German Criminal Code [StGB]); only the period following the pronouncement of the judgment is counted toward the Disqualification period before reissue (Section 69a(5), second sentence, StGB).

However, once this suspension period has ended, you’re not there yet. It merely specifies when a new driving licence may be issued—not that it will actually be issued.

What Happens on the Day of the Examination, Step by step: The MPU Process.

Based on experience, expect a wait of twelve to fifteen months between the offense and getting your driver’s license back. That sounds like a long time. But it’s still manageable if you start early. After all, the Disqualification period before reissue is running anyway. The only question is whether you’ll make the most of it or just sit it out.

My disqualification period before reissue has ended. Will I get my driver’s license back now?

No, and that surprises almost everyone.

The court and the driver’s license office make separate decisions. The court imposes the suspension in accordance with § 69a of the German Criminal Code (StGB). Once the suspension expires, the court’s role is complete. After that, the administrative proceedings begin, and § 20(1) of the German Driver’s License Regulations (FeV) applies: The provisions governing the initial issuance of a driver’s license also apply to its reissuance.

The authorities will therefore reassess your fitness to drive from scratch. They will see the blood alcohol concentration in your file and apply Section 13 of the FeV. Then you’ll receive the MPU order with a deadline for compliance.

Anyone who is just now beginning to provide Proof of abstinence is starting from scratch. Depending on the specific circumstances, six, twelve, or fifteen months are required. The suspension period would have been the right time to do this.

A factor that makes all the difference over the course of months: The process doesn’t begin when you stop drinking. For the urine test, the date of registration counts; for the Hair analysis, the date of last use counts. We recommend starting the testing process no earlier than about four weeks after your last use; before that, you should test yourself privately at home. For hair analysis, the evaluation criteria recommend a safety window of two to three months, depending on previous consumption (Chapter C.3.3). Someone who has been abstinent in their own mind for half a year but hasn’t officially registered it will have zero days to show the authorities.

The duration of the requirement is determined by the assessment criteria, not by the discretion of the driver’s license authority. However, the authority specifies in its order which issue needs to be clarified (Section 11(6), sentence 1, FeV).

The suspension is already in effect. The only question is whether you’ll make the most of it or just sit it out.

The guide covers the entire process of obtaining a new license, including all steps, required documents, and deadlines. Driver’s License After the MPU.

What happens if I don’t submit the expert report / assessment report?

Some people hope the problem will go away if they ignore the order. The opposite is true.

The driver’s license authority does not have to prove anything to you. It may conclude from your failure to submit the expert report / assessment report that you are unfit to drive and then revoke your driving licence or deny the reissue of the driving licence. This is contingent on the agency having specifically informed you of this consequence in the order (§ 11(8), sentence 2, FeV).

A negative assessment result is generally not submitted to the driver’s license authority. We make an exception if it shows visible progress and will be used for the next assessment. However, if you do not submit it, the agency will view you as if you had not had one prepared at all: They may assume it was negative, but they cannot know for certain.

You specify the delivery method in advance. We always recommend having the expert report / assessment report sent only to your home. Please note: Some driver’s license authorities include a confidentiality waiver and have you sign it. Check this, and on the day of the examination, explicitly state once again that the expert report / assessment report is to be sent only to your home.

The only sensible path is through the MPU—there’s no way around it. That’s what the regulation states:

What are the rules for new drivers and drivers under 21?

For new drivers and drivers under 21, there is no legal limit—only a prohibition. According to Section 24c of the Road Traffic Act (StVG), during the Probationary period (novice drivers) and until one’s 21st birthday, it is prohibited to consume alcohol or THC while driving a motor vehicle or to drive under the influence of these substances. The regulation does not specify a threshold limit.

A violation results in a fine, one point, an extension of the Probationary period (novice drivers) to four years (§ 2a(2a) StVG) and the requirement to attend a Mandatory follow-up training seminar pursuant to § 2a(2), sentence 1, no. 1 StVG, as soon as the decision becomes final and must be entered in the Driver Fitness Registry. Section 2b of the StVG governs what happens in the mandatory follow-up training seminar. Anyone who fails to attend loses their driving licence.

This does not initially result in an MPU. According to § 13, sentence 2 of the FeV, two violations that are directed exclusively against this prohibition expressly do not trigger an MPU.

A mistake that can be costly in this group: Some people believe that the violation of this prohibition is considered resolved once they’ve paid the fine and completed the mandatory follow-up training seminar. In fact, the violation remains on the Driver Fitness Registry, and how long it stays there depends on the deletion periods specified in § 29 of the Road Traffic Act (StVG). As long as it remains on the registry, the authorities can use it against you.

The practical advice here: If you’ve had one incident as a new driver, you shouldn’t wait to see what the authorities do in the event of a second incident. For a urine test, the detection window begins on the day you register with the lab; for a Hair analysis, it begins on the day of your last use—and in no case does it begin on the day the order is issued. If you don’t register, this window is lost.

Legal Status and Sources

Legal status: November 4, 2026. Reviewed in accordance with Sections 11, 13, 20, and 46 of the FeV (German Driver’s License Regulations) with Annex 13, Section 2a, § 2b, § 4, § 24a, § 24c, § 25, and § 29 of the Road Traffic Act (StVG), as well as § 69, § 69a, § 315c, and § 316 of the Criminal Code (StGB), along with the assessment criteria in the 5th edition. The information regarding deadlines, processing times, periods for providing proof, and the start date for Proof of abstinence is based on empirical data from MPU Guru’s counseling practice and is identified as such in the text. The blood alcohol concentration (BAC) values of 0.3, 1.1, and 1.6 are derived from case law, unless they are expressly attributed to a specific standard. This guide is not a substitute for legal advice in individual cases.

Legal Basis: § 11 FeV · § 13 FeV · § 20 FeV · § 46 FeV · Appendix 13 of the FeV · § 2a StVG · § 2b StVG · § 4 StVG · § 24a StVG · § 24c StVG · § 25 StVG · § 29 StVG · § 69 StGB · § 69a StGB · § 315c StGB · § 316 StGB

Case law: Federal Administrative Court (BVerwG), ruling of March 17, 2021, 3 C 3.20 · Federal Administrative Court (BVerwG), rulings of April 6, 2017, 3 C 13.16 and 3 C 24.15 · Federal Administrative Court (BVerwG), Order of August 2, 2024, 3 B 17.24

Technical Fundamentals: Guidelines for Assessing Fitness to Drive, BASt · Assessment criteria, DGVM · Assessment criteria, DGVP