Driving licence revocation: revocation, driving ban and ban period compared

"Licence gone" can legally mean three different things: a driving ban (Fahrverbot), a revocation of the driving licence (Entziehung der Fahrerlaubnis) or a ban period (Sperre) for the reissue. The difference is decisive for your next steps, because only after a revocation do you have to apply for the driving licence again and often pass an MPU (medical-psychological assessment, Medizinisch-Psychologische Untersuchung). This page is for guidance and is not legal advice; for your case, a lawyer specialising in traffic law (Fachanwalt für Verkehrsrecht) is the right person to contact.

What is the difference between a driving ban and revocation of the driving licence?

A driving ban is a temporary additional penalty in which your driving licence remains valid. You may not drive motor vehicles for a fixed period, and your licence card is held in official custody for that time. Once the ban has expired, you get it back; you do not need to apply for a reissue.

With a revocation, on the other hand, the driving licence ceases to exist completely (§ 3 Abs. 2 StVG, § 69 Abs. 3 StGB; Abs. = subsection). You then have to apply for it again, and the rules for a first-time issue apply to the reissue of the licence (Neuerteilung) (§ 20 Abs. 1 FeV, Driving Licence Regulation, Fahrerlaubnis-Verordnung). The authority examines your fitness to drive again, and this is usually exactly where the MPU comes into play.

A driving ban is likely, for example, if you are caught 31 km/h or more over the limit in built-up areas or 41 km/h or more outside built-up areas. Anyone caught with 0.5 ‰ or more as an administrative offence under § 24a StVG will, under § 25 Abs. 1 StVG, usually also receive a driving ban.

When does the court revoke the driving licence?

The criminal court revokes the driving licence under § 69 StGB (German Criminal Code, Strafgesetzbuch) if you are convicted of an offence committed while driving a motor vehicle or in connection with driving one, and this shows that you are unfit to drive. For certain offences, under § 69 Abs. 2 StGB the offender is as a rule regarded as unfit.

• Drunk driving (Trunkenheit im Verkehr, § 316 StGB), for example driving with 1.1 ‰ or more (absolute unfitness to drive)
• Endangering road traffic (§ 315c StGB)
• Prohibited motor vehicle racing (§ 315d StGB)
• Leaving the scene of an accident without permission (§ 142 StGB) if a person was killed or more than insignificantly injured, or significant damage to property was caused
• Total intoxication (Vollrausch, § 323a StGB) relating to one of these offences

Together with the revocation, the court sets a ban period (Sperrfrist): 6 months to 5 years during which no new driving licence may be issued (§ 69a StGB). If there was already a ban period in the 3 years before the offence, the minimum is 1 year. If you do not have a driving licence at all, the court only orders the ban period. The page Ban period and deadlines explains how the ban period runs and when you submit the application.

What is a provisional revocation?

A provisional revocation is a revocation before the judgment if there are strong reasons to believe that the court will later revoke the driving licence (§ 111a StPO, Code of Criminal Procedure). It also acts as a seizure of your licence card.

The time of the provisional revocation reduces the minimum length of the later ban period (§ 69a Abs. 4 StGB). However, the minimum may not fall below 3 months as a result. For your planning, this means: the clock is often already running before the judgment, and you should use exactly this time for file inspection (Akteneinsicht) and any proof of abstinence (Abstinenznachweis) that may be required.

When does the driving licence authority revoke the driving licence?

The driving licence authority (Fahrerlaubnisbehörde, Führerscheinstelle) revokes the driving licence if you prove to be unfit or not capable of driving motor vehicles (§ 3 Abs. 1 StVG, § 46 Abs. 1 FeV). It does not need a criminal judgment for this.

Typical cases of revocation by the authority are:

• 8 points in Flensburg: under § 4 Abs. 5 StVG you are regarded as unfit, and the driving licence must be revoked. More on this under MPU because of points.
• Hard drugs: even a single use, without any driving, can rule out fitness to drive. Details under MPU because of drugs.
• Illnesses or deficiencies under Annex 4, 5 or 6 FeV that rule out fitness to drive.
• Expert report not submitted: if you do not submit a required expert report (Gutachten) on time, the authority may conclude under § 11 Abs. 8 FeV that you are unfit.
• Probationary period: after a remedial course (Aufbauseminar), a warning and further offences, the driving licence must be revoked under § 2a Abs. 2 StVG.

If criminal proceedings are pending against you in which revocation under § 69 StGB is possible, the authority may not take the same facts into account in separate revocation proceedings of its own at the same time (§ 3 Abs. 3 StVG). The authority does not set a court ban period. After a revocation because of 8 points, however, a new driving licence may be issued no earlier than 6 months after the revocation takes effect (§ 4 Abs. 10 StVG).

What consequences does a revocation have beyond the ban period?

A revocation has effects far beyond the ban period, especially in the driving aptitude register (Fahreignungsregister, "Flensburg") and for new drivers. You should know these consequences because they affect your timetable.

• Points (Punkte): a criminal offence with revocation brings 3 points.
• Deletion: criminal offences with revocation or a ban period have a deletion period (Tilgungsfrist) of 10 years (§ 29 StVG). The entry can be used for that long.
• Probationary period: a revocation ends the probationary period early. With the new driving licence, a new probationary period begins for the remaining time, and you usually have to show that you have attended a remedial course (§ 2a Abs. 1 and 5 StVG).
• Abroad: the German ban period also applies abroad. An EU driving licence obtained during the ban period is not recognised.

How do you get your driving licence back after a revocation?

After a revocation, you can only get your driving licence back through an application for reissue to the driving licence authority. The authority then examines whether your fitness to drive has been restored and, depending on the reason, orders an MPU.

1. Request file inspection so that you know the reason, the levels and any possible question.
2. Start an abstinence programme if your reason makes this likely to be required. 6 or 12 months of proof are usually the factor that determines the timing.
3. Submit the application: no earlier than 6 months before the end of a ban period (§ 20 Abs. 4 FeV), ideally about 3 months before.
4. Wait for the MPU order: the basis is, for example, § 11 Abs. 3 Nr. 9, §§ 13, 13a, 14 FeV or § 4 Abs. 10 StVG (Nr. = number).
5. Take the MPU at an assessment centre of your choice (Begutachtungsstelle für Fahreignung) and submit a positive expert report.
6. Reissue: the fee is about €140–260 (2026 guide value). If you lack knowledge or skills, the authority can also order a driving test (§ 20 Abs. 2 FeV).

MPU order explains how the authority orders the MPU and what rights you have. The guide Applying for the reissue of your driving licence describes the application step by step.

Can you avoid a revocation or shorten the ban period?

You cannot avoid a revocation with tricks, but there are legitimate options. Which ones apply depends on whether the court or the authority made the decision.

• Early lifting of the ban period: the court can lift the ban period if you no longer appear unfit, at the earliest after 3 months (after 1 year if there was a previous ban period), § 69a Abs. 7 StGB. A recognised rehabilitation course (Nachschulung) can show this, see Shortening the ban period through a rehabilitation course.
• Reduce points early: the driver aptitude seminar (Fahreignungsseminar) removes 1 point if you have 1 to 5 points, once every 5 years.
• Have the order checked: not every order is lawful, and deleted entries may no longer be used.

Note: licence tourism with a sham place of residence is not a way out. Anyone who drives with a driving licence that is not recognised is driving without a licence, and that is a criminal offence.

What happens next?

First check your official notice or judgment to see whether you have a driving ban or a revocation, and in the case of a revocation request file inspection immediately. Start any proof of abstinence that is likely to be required early, and plan your application for reissue about 3 months before the ban period ends. For the preparation (Vorbereitung) itself, you can find suitable counselling (Beratung) through MPU Plus.