A ban period (Sperrfrist) can be shortened under certain circumstances: under § 69a (7) StGB (German Criminal Code, Strafgesetzbuch; Abs. 7 = subsection 7), the court can lift the ban early if there is reason to assume that you are once again fit to drive motor vehicles. This is possible at the earliest after 3 months of the ban, and in certain repeat cases after 1 year. A qualified traffic psychology follow-up course (Nachschulung) can be important evidence for this. How the ban period, deletion of entries and your application fit together overall is shown on the page MPU deadlines.
What does § 69a (7) StGB regulate?
§ 69a (7) StGB provides that the court can lift an imposed ban early. The requirement is that there are indications that you are no longer unfit to drive a motor vehicle.
The court sets the ban itself when it revokes the driving licence. Under § 69a (1) StGB, it lasts 6 months to 5 years. During this time, no new driving licence may be issued. If a ban was already ordered in the 3 years before the offence, the minimum length of the ban is 1 year (§ 69a (3) StGB).
Strictly speaking, this is not about a gradual "shortening" of the ban. The court lifts it as soon as its purpose has been achieved. This is a decision in the individual case, and there is no automatic entitlement to it.
From when is early lifting possible?
Early lifting is possible at the earliest once the ban has lasted a certain minimum period. The law distinguishes between two cases:
| Situation | Minimum period before lifting |
|---|---|
| Standard case | 3 months |
| Previous ban in the 3 years before the offence (§ 69a (3) StGB) | 1 year |
Before these periods have expired, the court cannot lift the ban, even if you present evidence early. It is still worth starting immediately, however. A follow-up course itself takes time, and the evidence should be complete at the earliest possible point.
What role does a follow-up course play?
The follow-up course is the most important lever, because it can document a change in attitude and behaviour. The court needs indications that you are no longer unfit, and a completed measure is comprehensible evidence of this.
What is meant is a qualified traffic psychology or traffic therapy follow-up course based on a recognised model. Examples frequently mentioned in this context are the models "Mainz 77" and "Leer". You should clarify in advance with your lawyer which measure suits your case and is regarded by the court as meaningful.
Timing is decisive. Taking part immediately after the offence shows that you are addressing the causes on your own initiative. If you only start shortly before the minimum period expires, you waste time.
How does an application for early lifting work?
The application for early lifting is made to the court, usually through a specialist lawyer for traffic law (Fachanwalt für Verkehrsrecht). The following steps give you orientation but do not replace legal advice:
- Check the judgment or penalty order (Strafbefehl): how long is the ban, and is it a case with a minimum period of 1 year?
- Engage a lawyer: they assess the prospects of success and know the practice of the competent court.
- Start the follow-up course immediately: choose a recognised model and have your participation documented without gaps.
- Collect evidence: certificates of participation and, if appropriate to the reason, further evidence of the change in behaviour.
- Submit the application once the minimum period has expired: at the earliest after 3 months or 1 year of the ban.
- Prepare the reissue of the licence in parallel: even after the ban is lifted, you have to apply to the authority for the reissue of your driving licence (Neuerteilung).
Note: this overview is not legal advice. Only a specialist lawyer for traffic law can assess whether an application makes sense in your case.
Is early lifting the same as an MPU?
No, early lifting of the ban is not the same as an MPU (medical-psychological assessment, Medizinisch-Psychologische Untersuchung). The lifting is decided by the court; the MPU is ordered by the driving licence authority (Fahrerlaubnisbehörde). These are two separate procedures.
| Feature | Lifting of the ban | MPU |
|---|---|---|
| Who decides | Court | Driving licence authority orders it, assessment centre carries out the assessment |
| Legal basis | § 69a (7) StGB | among others §§ 11, 13, 13a, 14 FeV, § 4 StVG |
| Purpose | End the ban before it expires | Clarify fitness to drive after problem behaviour |
| Typical evidence | Follow-up course, evidence of change | Expert report from an officially recognised BfF |
| Application | To the court, usually through a lawyer | Authority orders it in the reissue procedure |
Lifting only ends the ban. The driving licence is then issued by the authority, which can still require an MPU if it has doubts about your fitness to drive, for example at 1.6‰ or more under § 13 FeV (Driving Licence Regulation, Fahrerlaubnis-Verordnung). Whether an MPU is to be expected in your case is explained on the page Do I need an MPU?. The procedure at the authority is described in the guide Applying for the reissue of your driving licence.
Courses under § 70 FeV are also something different. They are officially recognised courses for restoring fitness to drive and typically become relevant when an MPU expert report (Gutachten) recommends a follow-up course.
Is a follow-up course worthwhile even if an MPU follows later?
Yes, the work done in a follow-up course is also valuable for a later MPU. In the psychological interview, the assessor wants to see that you have understood the causes and changed your behaviour in a stable way.
Engaging with the issues early and seriously provides a good basis for this. However, it replaces neither required proof of abstinence (Abstinenznachweis) nor targeted preparation for the specific question. How this preparation is structured can be read under MPU preparation, and key dates and deadlines under MPU deadlines.
Which mistakes should you avoid?
The biggest mistake is relying on supposed shortcuts. A driving licence from another EU country does not help during the ban period: no valid driving licence may be obtained abroad during the German ban period either. Anyone who drives anyway risks criminal liability for driving without a licence.
Offers that promise a certain shortening or a guaranteed result are just as risky. Only the court decides on lifting the ban. The only reputable route is a recognised follow-up course, real change and a lawyer's review of your case.
What you can do now
- Check the judgment: note the length of the ban and clarify whether the minimum period is 3 months or 1 year.
- Contact a specialist lawyer for traffic law and discuss the prospects of an application under § 69a (7) StGB.
- Start a follow-up course based on a recognised model promptly and keep all certificates.
- Plan the reissue of the licence and a possible MPU in parallel, and find suitable preparation.
Frequently asked questions
Can I have the ban period shortened without a lawyer?
The application is made to the court and in practice usually goes through a lawyer. A specialist lawyer for traffic law can assess the prospects of success and substantiate the application with suitable evidence.
Will I automatically get my driving licence back after the ban is lifted?
No, lifting only ends the ban. You have to apply to the driving licence authority for a new driving licence. If the authority has doubts about your fitness to drive, it can order an MPU.
Is there an entitlement to early lifting?
No, the court "can" lift the ban if there are indications that fitness to drive has been regained. It decides on a case-by-case basis. A completed follow-up course improves the basis, but guarantees nothing.
Does the minimum period of 1 year apply to all repeat offenders?
The minimum period of 1 year applies to the cases under § 69a (3) StGB, i.e. if a ban was already ordered in the 3 years before the offence. A look at the judgment or a lawyer can clarify whether this applies to you.
