Driving ban: when does it happen?
Who commits a serious offence against the traffic regulations, must count on a driving ban. The measure is intended to have a traffic educational effect and to ensure that the person concerned shows understanding so that the corresponding offense – for example, a speeding violation – does not happen again. The following guide explains when a driving ban is imposed and how long it lasts.
The most important in brief
- Usually the duration of a driving ban is between one and three months depending on the severity of the offence.
- First-time offenders are given a four-month period by the fine office or the court to surrender their driver's license.
- In some cases, a driving ban can be converted into an increased fine.
- If you are caught driving a motor vehicle without a driver's license, you could face a heavy fine or even imprisonment.
How does it come to a driving ban?
In most cases, a driving ban is the result of a fine. In this case, the sanction is either the result of a fine or a court judgment. The administrative authority or the competent court can prohibit the person concerned from driving a motor vehicle in public traffic for a period of one to three months. How long the person in question has to surrender their driver's license depends in particular on the severity of the offense.
The so-called criminal driving ban according to Section 44 of the German Criminal Code (StGB), on the other hand, is a secondary penalty that courts may impose in addition to a fine or custodial sentence. Judges can prohibit the convicted person from moving a motor vehicle for up to six months. The actual offense does not even have to be related to misconduct in road traffic. In the vast majority of cases, however, these are administrative offenses. The following sections outline which offenses will result in a driving ban.
Driving ban for gross breach of duty
A gross breach of duty is an abstractly or concretely dangerous violation that repeatedly leads to serious accidents in road traffic. Such an offense occurs when the driver behaves in a highly irresponsible or reckless manner. Typical violations in this category include distance violations and speeding, but also running a red light (when more than one second after the change).
Driving ban due to persistent breach of duty
If a driver repeatedly disregards traffic regulations – for example, the speed limit or the minimum distance – the authorities may assume that there has been a persistent breach of duty. Decisive is above all the time interval between the individual offences.
First, the authorities usually punish the unconvincing road user with a one-month driving ban. If, however, the driver again fails to comply with the relevant regulation, it is highly likely that he or she will have to surrender the driver's license for a longer period of time.
Driving ban due to a speeding offence
Excessive speed is one of the most common causes of serious traffic accidents. Therefore, the legislator sanctions extreme speeding with a driving ban. It distinguishes between violations inside and outside built-up areas. Since April 2020, stricter rules actually apply due to an amendment to the StVO – especially for fines. However, due to a formal error, most fine offices still work according to the old regulations. The following table shows what penalties speeders can expect:
Overview: Driving ban for speeding
*In most cases, you will only be banned from driving here if you have already committed two or more speeding violations in the last year.
Driving ban due to an alcohol or drug offense
Driving under the influence of alcohol or drugs is a serious offense. Whoever gets behind the wheel with more than 0.5 per mille of alcohol in the blood or under the influence of narcotics such as cannabis and gets into a police control, receives a one-month driving ban. In addition, the person concerned will face a fine of 500 euros. those who endanger other road users may get into trouble from as low as 0.3 per mille. In the event of a repeat offense, the duration of the driving ban increases to three months. The same applies to drugs in road traffic. If the police detect an alcohol level of more than 1.1 per mille in the blood, they directly revoke the driver's license.
From how many points do the competent authorities impose a driving ban??
In general, drivers are threatened with a driving ban if they commit a gross administrative offense that results in two points in Flensburg. Offences in traffic are sanctioned with the withdrawal of the driving license. People who accumulate eight points on their Flensburg account are also punished by the legislator with a permanent driving license suspension. Special note: While a driving ban usually lasts a maximum of three months, a license suspension is permanent. Affected persons must first wait here for a six-month to five-year blocking period, before they can apply for the driver's license again. Often the person in question has to undergo a medical-psychological examination – MPU for short – before he or she gets the driver's license back.
Expiration of the driving ban
The driving ban begins as soon as the decision on which the measure is based becomes legally binding. However, the specified period starts only after the driver's license is in official custody. Depending on which agency ordered the driving ban, you must surrender your driver's license to either the fine office or the appropriate prosecutor's office. Regarding the duration of the ban, the legislation is based on the calendar months. If you hand in your driver's license in February, for example, it will be returned to you after only 28 days. In May, on the other hand, you will have to wait 31 days before you are allowed to drive a motor vehicle on the road again.
Defer a driving ban: Possible for first-time offenders
A first offender is a person who has not been banned from driving in the last two years and is considered a first offender by the fine authority or court. In such a case, it is possible to serve the driving ban within a four-month period. This starts as soon as the driver's license is in official custody. As a result, the person concerned can place the driving ban, for example, in a period in which he or she is on vacation.
Convert the driving ban
Sometimes – for example as a first offender – it is possible to convert a driving ban. Usually the fine to be paid is doubled, but the driver does not have to hand in his driver's license. Affected parties can plead momentary failure, for example. One such may be if they miss a speed limit sign. You can likewise argue that a driving ban would jeopardize your own economic existence, i.e. represent an undue hardship.
Driving without a license: what are the consequences?
Driving a motor vehicle despite a driving ban is an offence under section 21 of the Road Traffic Act. Judges punish these with either a heavy fine or even imprisonment for up to a year. First-time offenders usually get off with a fairly lenient sentence. However, the violation can equally result in an extension of the driving ban.
Frequently asked questions
A driving ban is a temporary revocation of a driver's license.
- Speeding in built-up areas: 31-40 km/h
- Speeding out of town: 41-50 km/h
- Exceeding the 0.5 per thousand limit
- Driving under the influence of drugs
- Red light violation (one second or more)
Do I have to surrender my driver's license if I am banned from driving?
Yes, you must surrender your driver's license for the duration of the driving ban. You will receive it back after the driving ban period has expired.
You can surrender your driver's license directly to your local fine office.
In addition, it is possible to send the driver's license by mail (better: registered mail inkl. Return receipt) to be sent to the respective fine office.
You must start your driving ban from the day the penalty notice becomes final.
Exception: if you have not been banned from driving in the last two years, you are often given up to four months to start the driving ban.
No – an imposed driving ban must always be completed in one piece.
Driving ban can only be circumvented if license revocation would cause "undue hardship" for the / the person concerned arises. This can be the case, for example, if the driving ban endangers your job.
Whether there is undue hardship is decided on a case-by-case basis.