Definition and legal classification of drug driving
In drug driving in legal terms, refers to operating a motor vehicle on public roads after or under the influence of intoxicating substances whose psychoactive effects impair driving ability. The term is primarily associated in German law with the prohibition on driving under the influence of narcotics and the associated criminal and administrative offence regulations.
Relevant legal bases
Criminal Code (StGB)
The Criminal Code under Section 316 StGB (driving under the influence) also criminalizes driving under the influence of intoxicants other than alcohol. The focus is on the endangerment of road safety due to impairment caused by intoxication.
Road Traffic Act (StVG)
Section 24a of the Road Traffic Act regulates the administrative offence of operating a motor vehicle under the influence of certain intoxicating substances. It distinguishes between:
- Driving under the influence of alcohol
- Driving under the influence of other psychoactive substances (in particular narcotics as per the annex to Section 24a (2) StVG)
Driver’s License Regulation (FeV)
The Driver’s License Regulation specifies the requirements for fitness to drive (Sections 11 and following FeV) and determines when the consumption of narcotics or medications precludes the ability to drive motor vehicles.
Offences and prerequisites
Absolute and relative incapacity to drive
Unlike alcohol, there are no established thresholds for absolute incapacity to drive under the influence of drugs. Even small amounts of a prohibited substance may lead to criminal liability or an administrative offence if driving ability is impaired or the substance is detected in the blood.
Detection threshold
The administrative offence applies as soon as a narcotic substance listed in the law is detected in the blood, even without any signs of impairment. A criminal offence arises if impairment or danger to others is also present.
Intoxicating substances
According to the annex to Section 24a StVG, the relevant substances in particular include:
- Cannabis (THC)
- Heroin, morphine, methadone
- Cocaine
- Amphetamine and methamphetamine (e.g. ecstasy, crystal meth)
- MDEA, MDA, MDMA
Misuse of certain medications can also fulfill the offence if their intake leads to impairment of driving ability.
Legal consequences
Administrative offence law (Section 24a StVG)
Anyone who operates a motor vehicle under the influence of substances listed in the annex commits an administrative offence. This applies even with pure evidence in the blood, regardless of driving mistakes.Legal consequences:
- Fine (at least 500 euros for a first offence)
- At least one month driving ban
- Entry of two points in the driver fitness register (FAER, “Points in Flensburg”)
In the event of repeat offences, the fines and duration of the driving ban increase.
Criminal penalties (Sections 315c, 316 StGB)
Anyone who, while intoxicated, endangers road traffic (Section 315c StGB) or commits driving under the influence (Section 316 StGB) is subject to criminal liability.Possible sanctions:
- Monetary fine or imprisonment for up to one year (driving under the influence)
- Revocation of the driver’s license
- Disqualification period for re-issuance of the driver’s license
- Three points in the FAER
In the case of negligent offences, the penalty may be reduced.
Driving under the influence of drugs without operating a vehicle
Mere possession of drugs while driving, without any influence on fitness to drive, does not fulfill the offence. What matters is exclusively whether psychoactive substances are detectable in bodily fluids or signs of impairment are present.
Detection and securing of evidence
Drug test and blood sampling
If there are grounds for suspicion (e.g. erratic driving, unusual behaviour), the police may carry out a rapid drug test (urine, sweat test). If the result is positive, a blood sample may be ordered to determine the concentration of active substances.
Back-calculation and detection thresholds
For drugs such as THC or amphetamine, even small concentrations in the blood serum are sufficient as legal evidence. For most substances, the threshold commission has published recommendations for detection limits, but very low values are considered sufficient proof.
Revocation and reinstatement of the driver’s license
Administrative consequences
Regardless of criminal or administrative penalty proceedings, the driver’s license authority may revoke the license according to Section 3 StVG, Section 46 FeV if there are doubts about fitness to drive. Distinction is made between occasional and regular/addicted use:
- One-time/occasional use: Exclusion of fitness applies only where negative circumstances are present (e.g. failure to separate consumption from driving).
- Regular/addicted use: Regularly leads to unfitness to drive motor vehicles.
Medical-psychological assessment (MPU)
Reinstatement of the driver’s license typically requires a successful MPU if participation in traffic under the influence of drugs has been established. The licensing authority may order this assessment to resolve continuing doubts about fitness to drive.
Differences from alcohol and medication driving offences
While there are specific legal limits for driving under the influence of alcohol (0.5 ‰ or 1.1 ‰), there are no fixed thresholds for criminal liability in relation to drug driving, apart from factual evidence in the blood. For medication use, fitness to drive always depends on individual circumstances.
Significance in road traffic law and prevention
Driving under the influence of drugs poses a significant risk to road safety and is therefore consistently prosecuted under German traffic law. The legislation aims to prevent offences, minimize the number of drug-related traffic accidents, and empower authorities to impose severe penalties and revoke driver’s licenses as a preventive measure.
Summary: The term ‘drug driving’ encompasses all cases in which a person operates a vehicle on public roads under the influence of intoxicating substances. Depending on the extent of impairment and the substance involved, varying legal consequences arise—from fines and driving bans to criminal sanctions and revocation of the driver’s license. Proving the presence of substances in the body is central. The aim of national regulations is to improve road safety and provide special protection against hazards from impaired road users.
Frequently asked questions
What happens after a police check when there is suspicion of drug driving?
Following a police traffic check where suspicion of drug driving arises, the police may take various measures. Usually, there is an initial check for physical and mental irregularities in the driver, often by so-called rapid drug tests such as swab or urine samples. If a justified suspicion persists after these tests, the police will order a blood sample to secure evidence of narcotics or their metabolites in the blood—this measure may be ordered even against the will of the person concerned. The blood sample is then analyzed in a toxicological laboratory. While the result is still pending, the police can provisionally confiscate the driver’s license if this appears necessary due to a potential risk. Depending on the detected substances and their concentrations, the police will initiate an investigation, which is pursued either criminally or as an administrative offence.
What penalties can be expected for drug driving?
Sanctions for drug driving depend on the type and severity of the violation. Driving under the influence of illegal drugs is generally an administrative offence under Section 24a StVG, if there is no impaired driving or danger to others. The law provides for a fine of 500 euros, two points in the driver fitness register (FAER) in Flensburg, and a one-month driving ban—for repeat offences, both the fine (1,000 or 1,500 euros) and the duration of the driving ban increase. If a drug-related accident occurs, others are endangered, or actual incapacity to drive is found, criminal liability under Section 316 StGB (driving under the influence) or Section 315c StGB (endangering road traffic) applies. Here, penalties include fines or imprisonment of up to five years, as well as revocation of the driver’s license.
What are the consequences of drug driving for the driver’s license?
The driver’s license may be provisionally confiscated or permanently revoked due to drug driving. For first-time, less serious offences, a driving ban is usually imposed. However, if fitness to drive is called into question due to regular or repeated drug use, if driving occurred under the influence of hard drugs, or if there was impaired driving, the licensing authority may require a medical-psychological assessment (MPU) or permanently revoke the license, according to Section 69 StGB or Section 3 StVG. If the authority determines that the person is unfit to drive due to character or health, the revocation remains in force until positive fitness can be proven.
What thresholds are used to assess drug driving?
Different thresholds apply to the detection of drugs in road traffic, usually measured by the concentration of the active substance or its metabolites in the blood. The relevant threshold is based on the detectability of substances such as THC (cannabis: threshold of 1 ng/ml in serum), amphetamine, methamphetamine, cocaine, morphine, heroin, and others. These values are legally relevant because they are meant to ensure actual intake of the substance. If these thresholds are exceeded, an administrative offence is deemed proven, regardless of whether incapacity to drive was present. However, with mixed consumption, particularly alcohol with drugs, even more serious consequences can arise.
Is a conviction possible without symptoms of impaired driving?
Yes, a conviction for an administrative offence (Section 24a StVG) is possible as soon as the substance concentration in the blood exceeds the legal limit, even if there are no symptoms or signs of impaired driving. A criminal charge (for example under Section 316 StGB)—that is, driving under the influence or endangering road traffic—can only be brought if actual incapacity to drive (e.g., weaving, delayed reactions, etc.) or concrete endangerment of others is proven.
What role does the detection of metabolites in the blood play?
Unlike alcohol, where the value of the current blood alcohol concentration is decisive, for narcotics, metabolites are often also analyzed in the blood. These provide information about when and how much was consumed. Only proof of the active substance is sufficient for sanction under Section 24a StVG—not solely the detection of non-psychoactive metabolites, which only indicate past consumption without evidencing impairment of fitness to drive. Laboratories therefore differentiate between active compounds and inactive metabolites, which is of considerable importance for the legal assessment of the individual case.
How can one defend against allegations in the context of drug driving?
During an investigation for drug driving, legal counsel should always be sought, as the factual and legal situation is complex. Possible defences include objections to the accuracy and procedural correctness of rapid drug tests and blood samples, doubts regarding compliance with legal threshold values for active substances, or arguments asserting no impairment of driving ability in the case of intentional offences. If necessary, the quality of the expert report may be challenged in order to avoid a driving ban or license revocation. It is advisable not to make any statements in response to police allegations at first and to request access to the investigation file before making any submissions.
