Can You Drive While Waiting for Your MPU? Legal Gray Areas and What a Verkehrsrecht Lawyer Recommends

Introduction: Are You Allowed to Drive While Waiting for Your MPU?

The moment your driving license is withdrawn in Germany, you're often told that you must pass the MPU (Medizinisch-Psychologische Untersuchung) before you can drive again.

But what if your MPU is pending? Maybe you’ve applied but haven’t received a date. Or maybe you’re just starting preparation. Can you drive during this time?

This is one of the most frequently misunderstood legal gray areas – and the consequences of guessing wrong can be criminal charges and long-term damage to your license status.

The Law: When You Are No Longer Allowed to Drive

Let’s begin with the basic legal foundation.

In most cases, if the Fahrerlaubnisbehörde (driving license authority) has officially revoked your driving license, you are not allowed to drive again until the following happens:

• You pass the MPU, and
• The license is reissued

If your license has only been temporarily suspended (e.g., for 1–3 months), and no MPU is yet required, you may drive again after the suspension period ends. But if the license is revoked with MPU condition, you must not drive at all – regardless of how soon you plan to take the MPU.

What Happens If You Drive Without Passing the MPU First?

Driving during a period where your license is not valid due to MPU requirements is considered a criminal offense in Germany.

Consequences include:

• Criminal charges under §21 StVG (Fahren ohne Fahrerlaubnis)
• Heavy fines or imprisonment up to one year
• Extended ban periods
• Stricter requirements during the next MPU
• Permanent note on your record (which MPU examiners will see)

If you drive during the MPU waiting period thinking “I wasn’t told otherwise,” or “I applied already, so I should be allowed,” this will not protect you legally.

How a Rechtsanwalt Verkehrsrecht Can Help You Navigate This Situation

Many people caught driving during this limbo period say they were misinformed by:

• Friends
• Online forums
• Old legal advice

But German traffic law is extremely strict. A Rechtsanwalt Verkehrsrecht can provide:

• A clear answer about whether you are currently legally allowed to drive
• Guidance on how to regain your license legally
• Defense if you were caught driving illegally during the MPU process
• Representation in StVG §21 criminal proceedings
• Strategies to avoid criminal record entries that damage future MPU chances

They can also help you file a Wiederspruch (appeal) if your license was revoked improperly or prematurely.

Common Scenarios Explained

Let’s review a few realistic situations and clarify your driving status in each.

✅ Scenario 1: You still hold your license and received an MPU order.

You’re still allowed to drive until your current license expires or is revoked. Once that happens, stop driving immediately.

❌ Scenario 2: Your license has been revoked and you applied for an MPU but haven't taken it yet.

You cannot drive. The license no longer exists, and applying for MPU doesn’t reinstate it.

❌ Scenario 3: You passed the MPU but have not received the new license in hand.

Still cannot drive. Even if you passed, you must wait for the physical issuance of the new driving license.

❌ Scenario 4: You appealed your MPU requirement and are waiting for the court to decide.

You are not permitted to drive unless the court or the Verkehrsbehörde has explicitly reinstated your license temporarily – which is extremely rare.

Can a Verkehrsrecht Anwalt Delay or Prevent MPU Requirement?

Yes – in rare cases, with strong legal arguments, your lawyer may argue that the MPU was not legally necessary or that your offense does not justify revocation. This is especially possible in cases like:

• Procedural errors in the original withdrawal
• First-time offenses with no clear indication of character unfitness
• Outdated or incorrectly interpreted lab results

They may also help negotiate a shortened suspension period or reduced documentation requirements during your reapplication.

Legal Tip: Never Assume You’re "Allowed" to Drive Unless Written by Behörden

In the eyes of the law, the absence of a ban is not the same as permission. You must have official documentation from the Führerscheinstelle or court that says:

“You are allowed to drive.”

If you’re ever unsure – don’t guess. Ask a Rechtsanwalt Verkehrsrecht for clarification. It's a small fee compared to thousands in penalties or potential jail time.

Bullet Recap – What You Should Remember:

• 🚫 You cannot drive while your MPU is pending if your license was revoked.
• ✅ You can only drive if your license is still valid and no revocation has occurred.
• 📜 Driving illegally during MPU processing is a criminal act (§21 StVG).
• 👨‍⚖️ A Rechtsanwalt Verkehrsrecht can verify your driving eligibility.
• 🧠 Never trust unofficial advice – only legal documents or your lawyer count.

Real Case Example: What Went Wrong

A 34-year-old man from Stuttgart drove to work daily while his MPU was pending. He believed that because he had applied, the law allowed him to drive.

He was stopped for a random check. Since his license was revoked, he was charged with Fahren ohne Fahrerlaubnis, received a fine of €4,800, a 6-month driving ban extension, and his new MPU was flagged as “risky,” delaying it by another year.

All of this could have been avoided with a 30-minute consultation with a traffic law lawyer.

Client-Centered Support That Actually Helps

“The Traffic Lawyer Who Saved My Reputation”

After my license was revoked due to drug traces and I was waiting for my MPU date, I was unsure if I could even drive my kids to school. Kanzlei Nattermann gave me clear legal advice and helped me stay compliant. I avoided huge legal damage and even got help with the MPU prep.