In short
After an accident under the influence of alcohol, you commit a criminal offence from as little as 0.3 per mille, and for offences under § 315c or § 316 StGB (German Criminal Code, Strafgesetzbuch) the court usually revokes your driving licence (§ 69 (2) StGB; Abs. 2 = subsection 2). The MPU (medical-psychological assessment, Medizinisch-Psychologische Untersuchung) is then ordered by the driving licence authority (Fahrerlaubnisbehörde), above all from 1.6 per mille, in repeat cases or if there are signs of misuse (§ 13 FeV, Driving Licence Regulation, Fahrerlaubnis-Verordnung). With hard drugs, the consumption itself can rule out fitness to drive (§ 14 FeV), with or without an accident.
What does an accident change legally about drink-driving?
An accident lowers the threshold for a criminal offence considerably. From 0.3 ‰, there is relative unfitness to drive: if there are signs of impairment or an accident, the drive is already a criminal offence. From 1.1 ‰, absolute unfitness to drive applies, and the drive is then always a criminal offence, with or without an accident.
Under criminal law, two provisions are particularly relevant. § 316 StGB (drunkenness in traffic, Trunkenheit im Verkehr) concerns driving although you cannot drive safely as a result of alcohol or other intoxicating substances. § 315c StGB (endangering road traffic, Gefährdung des Straßenverkehrs) applies if this additionally endangers people or other people's property of significant value, with a prison sentence of up to five years or a fine. Which provision applies in your case is a matter for a lawyer specialising in traffic law (Fachanwalt für Verkehrsrecht).
Do you lose your driving licence after an accident under alcohol?
In most cases, yes. Under § 69 (2) StGB, anyone convicted under § 315c or § 316 StGB is as a rule considered unfit to drive motor vehicles. The court revokes the driving licence and imposes a ban period (Sperrfrist) of usually 6 months to 5 years (§ 69a StGB).
In addition, there are entries in the driving aptitude register (Fahreignungsregister, "Flensburg"): drink-driving or drug-driving as a criminal offence brings 2 to 3 points. A criminal offence with revocation is only deleted there after 10 years (§ 29 StVG, Road Traffic Act, Straßenverkehrsgesetz). The page MPU deadlines explains how long the periods run.
When does an MPU follow after the accident?
The MPU does not follow automatically from the accident, but from the facts that the authority examines under § 13 FeV. The MPU is not ordered by the court, but by the driving licence authority, usually when you apply for the reissue of the licence (Neuerteilung).
| Situation | Typical consequence for the MPU |
|---|---|
| Accident with 1.6 ‰ blood alcohol or 0.8 mg/l breath alcohol or more | MPU under § 13 sentence 1 No. 2 c FeV |
| Accident from 1.1 ‰ without the typical signs of alcohol impairment | MPU possible; the absence of impairment is considered a sign of habituation |
| Repeated drink-driving, even below 1.6 ‰ | MPU under § 13 sentence 1 No. 2 b FeV |
| Accident below 1.1 ‰, first time, without further indications | No fixed MPU threshold; the authority decides on the basis of the case file |
| Accident under hard drugs | Fitness to drive can be lost because of the consumption alone (§ 14 FeV) |
| Leaving the scene after the accident | Additional criminal offence issue (§ 142 StGB) |
The accident itself is above all an incriminating fact. It shows that the risk turned into damage, and it is discussed accordingly in the expert report (Gutachten). You can find the basics on blood alcohol limits on the page MPU because of alcohol.
What applies to an accident under drugs or cannabis?
With hard drugs such as cocaine, amphetamine or opiates, the situation is stricter than with alcohol. Even one-off consumption can rule out fitness to drive, regardless of whether you drove. If the driving licence was revoked for this reason, an MPU must be ordered before the reissue (§ 14 (2) No. 1 FeV). As a rule, you then need a proof of abstinence (Abstinenznachweis) covering 6 or 12 months. More on this on the page MPU because of drugs.
For cannabis, § 13a FeV has applied since 2024, with a limit of 3.5 ng/ml THC in blood serum. An accident is particularly relevant here, because below the limit the administrative offence under § 24a StVG does not apply, but signs of impairment or an accident can still lead to punishment and doubts about fitness to drive. The medication privilege (Medikamentenprivileg) for medical cannabis also offers no protection if you are unfit to drive, for example with an accident.
What applies if you drove away after the accident?
If you leave the scene of an accident without making it possible to establish the facts, you commit leaving the scene of an accident without permission (unerlaubtes Entfernen vom Unfallort) under § 142 StGB. If a person was killed or more than slightly injured, or significant damage was caused to other people's property, and you know this or could know it, this too is, under § 69 (2) StGB, as a rule considered a sign of a lack of fitness.
For the MPU, this means an additional topic alongside alcohol or drugs. Assessors then also ask about responsibility, self-control and commitment to rules. Combinations and repeat cases make the requirements stricter.
What does the assessor pay attention to after an accident?
After an accident, the assessor pays particular attention to whether you assess the consequences honestly. As in every MPU, the psychological interview is about the past, the present and the future, that is, about causes, change and relapse strategies.
Typical mistakes after an accident are:
- Trivialising: "It was only damage to the car" or "The other person also made mistakes".
- Shifting the blame onto the weather, the road or other people involved instead of your own consumption.
- "It only happened once" accounts despite high values without signs of impairment, which point to habituation.
- Playing down amounts: the assessor calculates the amount you drank backwards and compares it with your blood alcohol concentration.
It is convincing if you can explain concretely why you drove on that day, what role alcohol or drugs played in your life at the time and what you have changed since then in a way that can be proven. The guide Getting your driving licence back after alcohol shows how to go about this step by step.
What you can do now
- Involve a lawyer specialising in traffic law while the criminal proceedings are ongoing.
- Inspect your file (Akteneinsicht) to know the values, the course of the accident and the later question.
- Start an abstinence programme immediately if your case suggests that abstinence from alcohol or drugs will be expected. The 6 or 12 months are usually the bottleneck.
- Apply for the reissue early, about 3 months before the ban period ends.
- Start preparation (Vorbereitung) that deals honestly with the accident: find suitable preparation.
Frequently asked questions
Do I automatically get an MPU after an accident with 0.8 per mille?
Not automatically. An accident from 0.3 per mille can be a criminal offence and lead to revocation, but the MPU thresholds of § 13 FeV are mainly 1.6 per mille, repeat cases or signs of misuse. Whether the authority orders an MPU depends on the entire case file.
Does an accident on a bicycle under alcohol also count?
Yes, on a bicycle too, a ride from 0.3 per mille with signs of impairment or an accident is a criminal offence. From 1.6 per mille, you face an MPU that affects your car driving licence. The page on bicycles and e-scooters explains the details.
Does the amount of damage play a role for the MPU?
The damage can play a role in the criminal proceedings, for example under § 315c or § 142 StGB. In the expert report, the main question is whether you have understood the causes and changed your behaviour in a stable way. An accident is discussed there as a serious consequence of risky behaviour.
Can I start preparing while the criminal proceedings are still ongoing?
Yes, and that usually makes sense. In particular, a required proof of abstinence takes 6 or 12 months and should start early. You clarify legal questions about the proceedings in parallel with a lawyer specialising in traffic law.
