In short
Under § 69a Abs. 5 StGB, the ban period (Sperrfrist) begins when the judgment becomes final and lasts as long as the court has set, usually 6 months to 5 years. If your driving licence was provisionally withdrawn or seized, the time from the pronouncement of the last judgment on the facts is counted towards it. It is best to apply for the reissue of the licence (Neuerteilung) about 1–3 months before the ban ends.
What is the ban period and who sets it?
The ban period is the time during which you may not be issued a new driving licence. It is set by the court when it withdraws your driving licence under § 69 StGB (Criminal Code).
Under § 69a Abs. 1 StGB, the ban is 6 months to 5 years. If the statutory maximum is not enough to avert the danger, the court can also impose the ban for life. If you already had a ban in the 3 years before the offence, the minimum under § 69a Abs. 3 StGB is 1 year.
The ban period is not the same as the MPU (medical-psychological assessment). The court imposes the withdrawal and the ban; the MPU is ordered later by the driving licence authority (Fahrerlaubnisbehörde) when you apply for the reissue. The page MPU deadlines also explains the difference.
How do you calculate the ban period?
You calculate the ban period in three steps: determine the start, add the duration, take credited time into account. Paragraphs 4 to 6 of § 69a StGB are decisive.
- Start: the ban begins when the judgment becomes final (Rechtskraft, § 69a Abs. 5 Satz 1 StGB), not on the day of the drive and not on the day it is pronounced.
- Duration: the number of months or years set by the court is added.
- Crediting: if your driving licence was provisionally withdrawn because of the offence, this time is counted towards the ban insofar as it passed after the pronouncement of the judgment in which the facts could last be examined (§ 69a Abs. 5 Satz 2 StGB).
- Equal treatment: the custody, securing or seizure of the licence is treated the same as provisional withdrawal (§ 69a Abs. 6 StGB).
The time of provisional withdrawal before the judgment is not counted towards the period under this rule. However, it plays a role in the minimum: under § 69a Abs. 4 StGB, the minimum ban is reduced by this time, but may not fall below 3 months.
Calculating the exact day the period ends can be tricky in individual cases. Have the exact date confirmed by the driving licence authority or a specialist lawyer for traffic law (Fachanwalt für Verkehrsrecht).
What does a worked example look like?
A worked example makes the rules tangible. The following dates are chosen freely and are for illustration only.
| Event | Date in the example |
|---|---|
| Drink-driving, driving licence is seized | 10.11.2025 |
| Judgment pronounced: withdrawal, ban of 10 months | 16.03.2026 |
| Judgment becomes final | 24.03.2026 |
| Start of the ban under § 69a Abs. 5 Satz 1 StGB | 24.03.2026 |
| Calculated end without crediting | about 24.01.2027 |
| Crediting of the time between pronouncement and finality (8 days) | End moves to about 16.01.2027 |
As a result, the ban in this example runs for about 10 months from the pronouncement, because the licence was seized in the meantime. The months between the drive and the judgment, on the other hand, do not count under Abs. 5. Under Abs. 4 they only reduce the statutory minimum, which the court uses as a guide when setting the ban.
When should you apply for reissue?
It is best to apply for reissue about 1–3 months before the ban period ends. Processing by the authority and the MPU take time, and the authority only orders the MPU after you have applied.
In the example above, this would mean applying between about mid-October and mid-December 2026. If you only apply after 16.01.2027, you start the procedure at a point when you could theoretically already be driving again.
The driving licence authority for your place of residence is responsible; if you have several homes, it is the one for your main residence (§ 73 Abs. 2 FeV). The guide Moving house during the MPU explains what applies if you move. The guide Applying for reissue of your driving licence describes the application itself.
How does proof of abstinence fit into the calculation?
Proof of abstinence (Abstinenznachweis) only fits into the calculation if you start it early. If a period of 6 or 12 months is required, it must be completed before the MPU.
Let us stay with the example and assume 12 months of abstinence:
- Programme starts on 01.12.2025, shortly after the drive: the proof is completed at the end of November 2026. The MPU can take place in December 2026, before the ban ends.
- Programme only starts on 01.04.2026, after the judgment: the proof ends at the end of March 2027. The MPU is pushed back several months beyond the end of the ban.
The difference of four months at the start therefore directly affects the day on which you may drive again. Look for a laboratory accredited to DIN EN ISO/IEC 17025 and make sure there are no gaps in your appointments. You will find details on the page Proof of abstinence.
What applies to a withdrawal because of points?
With a withdrawal because of 8 points, there is no court ban under § 69a StGB, but a rule in the Road Traffic Act (Straßenverkehrsgesetz). Under § 4 Abs. 10 StVG, a new driving licence may be issued no earlier than 6 months after the withdrawal takes effect.
If you have to hand in your licence, this period begins when you hand it in. To prove fitness to drive, the authority usually orders an expert report (Gutachten) from an officially recognised assessment centre (Begutachtungsstelle für Fahreignung). Here too: apply early, about 3 months before the period ends. More on this on the page MPU because of points.
Can the ban period be shortened?
Yes, under § 69a Abs. 7 StGB the court can lift the ban early if there is reason to believe that you are no longer unfit. This is possible after 3 months at the earliest, or after 1 year if there was a previous ban in the last 3 years.
One lever for this is immediate participation in a qualified traffic-psychological rehabilitation course (Nachschulung). An application is usually made through a specialist lawyer for traffic law. Early lifting does not replace an MPU if the authority orders one.
What you can do now
- Find your judgment: note the date of pronouncement, the date it became final and the length of the ban.
- Check crediting: since when has your driving licence been provisionally withdrawn, seized or secured?
- Have the end date confirmed, ideally in writing by the authority or a specialist lawyer for traffic law.
- Enter your application date: about 1–3 months before the ban ends.
- Start abstinence and preparation and find suitable preparation.
Frequently asked questions
Does the ban period begin on the day of the drink-driving offence?
No, under § 69a Abs. 5 StGB the ban begins when the judgment becomes final. A provisional withdrawal or seizure is only counted insofar as it passed after the pronouncement of the last judgment on the facts. Under Abs. 4, the time before that only reduces the minimum.
Do I get my driving licence back automatically when the ban period ends?
No, after the ban ends you have to apply for reissue at the driving licence authority. The authority then checks your fitness to drive and, for the typical reasons, orders an MPU. That is why it is worth applying before the ban ends.
Can I apply during the ban period?
Yes, and this is even recommended. As a guide, apply about 1–3 months before the ban period ends. However, the driving licence may only be issued after the ban has ended.
What is the minimum ban if I have been banned before?
If you already had a ban in the 3 years before the offence, the minimum under § 69a Abs. 3 StGB is one year. Early lifting under Abs. 7 is then also only possible after one year at the earliest.
