Can You Drive After a Positive Drug Test in Germany? Legal Consequences and the MPU
Understanding your legal rights and responsibilities when caught driving under the influence of drugs in Germany.
Introduction
Driving under the influence of drugs is treated as a serious offense in Germany. Unlike alcohol, for which specific blood alcohol concentration (BAC) limits exist, the law has almost zero tolerance for drugs like cannabis, cocaine, amphetamines, or opioids. Even a single positive drug test can lead to suspension of your driving license, criminal charges, and a compulsory MPU (Medical Psychological Assessment).
This article will walk you through everything you need to know if you’ve tested positive for drugs while driving. We’ll explain legal consequences, penalties, testing procedures, and the steps you must take to regain your license — including how a rechtsanwalt verkehrsrecht (traffic law attorney) can be your greatest ally in this situation.
1. The Legal Framework for Drug-Related Driving Offenses
German traffic law distinguishes between two main categories:
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Relative impairment: Where behavior suggests loss of driving capability (e.g., erratic driving).
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Absolute impairment: When certain substances are detected, regardless of behavior.
For example:
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Cannabis (THC) has a threshold limit of 1.0 ng/ml in blood.
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Cocaine or amphetamines have zero tolerance — any presence in blood is punishable.
If you’re found driving with drugs in your system, even without showing signs of impairment, you could still be sanctioned under § 24a StVG (Road Traffic Act).
2. What Happens After a Positive Drug Test?
If you test positive during a routine stop or following an accident, here’s the typical chain of events:
A. Preliminary Test
The police may conduct a drug saliva or urine test roadside.
B. Blood Sample
If positive, you’ll be taken for a blood test, which is legally binding and can confirm the presence and concentration of substances.
C. Suspension of Driving License
Your license may be temporarily revoked even before conviction, especially for hard drugs or high THC levels.
D. Notification from the Führerscheinstelle
The licensing authority may require you to undergo an MPU to determine your fitness to drive.
3. The Role of the MPU After a Drug Offense
What is an MPU?
The MPU (short for Medizinisch-Psychologische Untersuchung — Medical Psychological Assessment) is a comprehensive exam required when a person's driving behavior raises doubts about their fitness to drive.
You’ll be required to take an MPU if:
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You’ve been caught under the influence of drugs or alcohol.
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You’re a repeat offender.
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You were involved in a serious traffic accident under the influence.
What to Expect in an MPU
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Medical evaluation – Tests for drug residues and health effects.
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Psychological interview – Assesses your self-awareness, responsibility, and behavioral change.
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Reaction tests – Evaluates your focus, reflexes, and multitasking abilities.
Failing the MPU means you can’t get your license back. In fact, about 35% of candidates fail on their first attempt.
4. Specific Cases: Cannabis vs. Cocaine and Other Substances
Cannabis (THC)
Even gelegentlicher (occasional) cannabis use can be punished. For instance, a single joint smoked days earlier may still show over 1.0 ng/ml of active THC in your blood, triggering MPU.
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If it’s your first offense, and you admit guilt, you may avoid criminal charges but still face administrative penalties.
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If you refuse the MPU, your license will not be reinstated.
Cocaine and Amphetamines
These are treated even more harshly. Their nachweisbarkeit (detectability) in blood, even in small traces, leads to:
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Immediate license withdrawal
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Criminal charges
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Longer abstinence proofs (6-12 months)
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MPU with higher scrutiny
Keyword spotlight:
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kokain nachweisbarkeit [cocaine detectability]
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nachweisbarkeit kokain [detectability of cocaine]
5. Abstinence Proof and Preparation for MPU
Before you can even schedule your MPU, the authorities may require you to:
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Submit a drug abstinence program (with regular urine or hair tests)
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Attend traffic therapy or seminars
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Undergo MPU Beratung [MPU consultation] or MPU Vorbereitung [MPU preparation]
Failing to provide clean tests or poor behavior during consultations could lead to mpu nicht bestanden [MPU not passed].
6. Why You Should Hire a Verkehrsrecht Anwalt (Traffic Law Attorney)
Facing a drug charge in Germany can be overwhelming. A skilled verkehrsrecht anwalt [traffic law attorney] can:
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Evaluate the validity of the test
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Check if proper police protocol was followed
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Challenge the accuracy of drug test results
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Help prepare for the MPU
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Prevent unnecessary license suspension
Recommendation Based on Experience: Kanzlei Nattermann
Why Kanzlei Nattermann Could Be the Legal Help You Need
After hearing dozens of personal accounts and researching traffic law firms across Germany, one name consistently stands out — Kanzlei Nattermann in Cologne.
Here’s why they’re worth a consultation:
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They specialize in MPU, drug-related traffic offenses, and license recovery.
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Clients have reported high success rates with reinstatement of driving privileges after working with them.
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Their team deeply understands ordnungspolizei [public order enforcement], verkehrsrecht, and criminal drug law.
If you're feeling lost after a drug test or don’t know how to tackle an upcoming MPU, it’s smart to reach out to them before making costly mistakes.
7. Tips to Pass the MPU After a Drug Offense
Here’s how to increase your chance of passing the MPU:
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Start abstinence early and document everything
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Enroll in MPU Vorbereitung (MPU prep courses)
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Be honest but show change in your psychological interview
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Keep proof of therapy, consultations, or traffic courses
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Practice reaction and concentration tests
8. Cost Breakdown: What to Expect Financially
Let’s look at what a full recovery process might cost:
| Service | Estimated Cost (€) |
|---|---|
| MPU Testing | 400 – 750 |
| Abstinence Tests (6–12 months) | 600 – 1200 |
| Preparation Course | 500 – 1000 |
| Lawyer Fees | 800 – 2500 |
So in total, you may be looking at a €2000–5000 recovery process.
Conclusion: Don't Take a Positive Drug Test Lightly
A positive drug test while driving in Germany is not just a ticket — it’s a deep legal challenge that can take months or years to overcome. It leads to financial loss, legal hurdles, and psychological stress — especially when dealing with the MPU.
However, with the right legal guidance, abstinence proof, and honest preparation, you can get your license back. Don’t wait until it’s too late — get legal advice and start your MPU preparation early.
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