Licence withdrawn?
Has the police kept your licence, or has a court provisionally withdrawn your driving licence? The earlier we know your file, the more options remain.
Licence seized or provisionally withdrawn — what it means
Has the police seized your licence on the spot, or have you received a court order provisionally withdrawing your driving licence (§ 111a StPO)? This is not yet a judgment and not yet a penalty order — but it is the measure that comes first in most traffic criminal cases, often before the investigation is even complete. Important distinction: this is different from a driving ban for a regulatory offence (max. 3 months, the licence itself remains valid) — here the withdrawal of the driving licence itself is at stake, with a disqualification period of usually at least 6 months.
On this page we explain what happens now and which options you have — appealing the order, pushing for a faster resolution, a consequence-focused defence strategy, or restricting the disqualification to specific vehicle types. Which option fits your case can only be judged after reviewing your file — there is no blanket answer.
Unlike a fine notice, there is no fixed appeal deadline for § 111a. Still: the earlier we know your file, the more options remain to steer the proceedings in the right direction. Until then, a principle that always holds in criminal law applies: silence is golden.
No fixed deadline – but every day counts
Unlike a fine notice, there is no appeal deadline for a provisional licence withdrawal. But the earlier we know your file, the more options remain. Until then: stay silent with the police.
Have your file reviewed
We review your documents and tell you honestly which of the four options makes sense in your case.
069 / 999 99 33-10Book appointment onlineFour ways we can proceed now
None of these options is automatically the right one. Which one applies to you is something we decide together — after reviewing your file.
Appealing the § 111a order
Possible under § 304 StPO, but not automatic: the file goes to the regional court for a decision, which can take months despite priority scheduling. And without new evidence, the order is often simply confirmed — which effectively looks like a pre-judgment.
Pushing for a faster resolution
Often the better choice when the statutory minimum disqualification is likely anyway and your licence has already been seized. Since crediting that time is capped, a faster resolution gets you back on the road sooner than waiting on a regional court decision.
Consequence-focused defence
Aims at two points in time: before judgment, building a strong basis for a short disqualification through post-offence conduct (retraining courses, driving safety seminars, proof of abstinence — always case-specific), or after judgment, applying for early termination of the disqualification.
Restricting the ban to specific vehicles
The court can exempt certain vehicle types from the disqualification where special circumstances justify it — for example agricultural machinery, so you can keep running your farm despite the ban.
Disqualification period & credit — the legal essentials
What happens next? MPU and reissuing your licence
Once the disqualification ends, you must reapply for your driving licence — it is not returned automatically. A medical-psychological assessment (MPU) is often required. Details on the process and preparation are on our traffic criminal law page.
More on the MPU & reissuing your licence →Frequently asked questions about provisional licence withdrawal
Immediate situation
I missed a deadline – what now?
There is no fixed deadline for § 111a like there is for a fine or a penalty order — an appeal under § 304 StPO is generally possible at any time while the measure continues. Still, the longer you wait, the less room you have to act, since the investigation keeps moving forward. Contact us as soon as you receive the order or the seizure.
Should I appeal the provisional withdrawal?
Not automatically. An appeal under § 304 StPO carries two risks: the file goes to the regional court, which can take months despite priority scheduling — and without new evidence, the order is often simply confirmed, which effectively looks like a pre-judgment. Whether an appeal is worthwhile can only be judged seriously after reviewing the file.
Can I push for a faster resolution?
Yes, and that is often more sensible than an appeal — especially when the statutory minimum disqualification is likely anyway and your licence has already been seized. Since crediting that time is capped, a faster resolution gets you back on the road sooner than waiting for a regional court decision.
Disqualification period & credit
How long do I have to hand in my licence?
The statutory minimum disqualification is 6 months (§ 69a (1) German Criminal Code); with a relevant prior disqualification within the last 3 years it rises to 1 year (§ 69a (3)). The maximum is 5 years.
Is time already served credited?
Yes. Time during which your licence was already provisionally withdrawn, seized or confiscated is credited against the disqualification set out in the judgment (§ 69a (4) and (6)). This credit is capped, though: it cannot push the minimum below 3 months.
Do prior convictions matter?
Yes. If a disqualification was already imposed on you within the 3 years before the current offence, the statutory minimum rises from 6 months to 1 year (§ 69a (3)). Points in the driving fitness register are a separate matter — they operate through their own administrative process, not directly on the court's disqualification.
Can the disqualification be lifted early?
In some cases, yes. If there is reason to believe you are no longer unfit to drive, the court can lift the disqualification early — at the earliest after 3 months, or 1 year with a prior disqualification (§ 69a (7)). This is the legal basis for retraining courses, driving safety seminars or proof of abstinence — which measure makes sense always depends on the specific case.
Can the disqualification be limited to certain vehicles?
Yes. The court can exempt certain vehicle types from the disqualification where special circumstances justify it (§ 69a (2)) — for example agricultural machinery, so a farmer can keep running their business despite the ban. Whether this applies to your case is something we discuss in the initial consultation.
Afterwards
Do I get my licence back automatically?
No. Once the disqualification ends, you must reapply for your driving licence — the licensing authority does not reissue it automatically. In many cases a medical-psychological assessment (MPU) is required.
Do I have to take the MPU? What is it?
The MPU (medical-psychological assessment) checks whether you are fit to drive again. It is often ordered when reapplying after a traffic offence — almost always from 1.6 ‰ blood alcohol, often already from 1.1 ‰, or for repeat offenders. The failure rate is around 35% — good preparation takes time.
Basic understanding
What is the difference between the licence document and the right to drive?
The physical licence is only the document proving your right to drive. The right to drive itself is the actual legal permission. If only the document is seized without a formal withdrawal order, the right to drive may still legally exist — this needs to be checked case by case.
Can I ride a bicycle?
Yes, without restriction. The provisional withdrawal and the disqualification only affect motor vehicles — a bicycle isn't one. Caution is still advised: separate blood alcohol limits apply to cyclists too (a criminal offence from 1.6 ‰).
Can I ride an e-scooter?
Not without qualification — unlike a bicycle. E-scooters are legally classed as motor vehicles (§ 1 eKFV), even though no driving licence is required to operate one. Whether a disqualification or licence withdrawal also covers riding an e-scooter is not settled uniformly in case law — it depends on the exact wording of your order and the court responsible. If in doubt, have this checked before using an e-scooter.
What happens if I drive anyway?
Driving without a licence is a separate criminal offence (§ 21 German Road Traffic Act) carrying a fine or up to one year's imprisonment — and it significantly worsens your position in the ongoing proceedings. Wait for the matter to be resolved, even if that is inconvenient.
In summary
What can a lawyer do for me?
We first review the file and only then decide together with you which of the four options — appeal, faster resolution, consequence-focused defence, or restriction to certain vehicles — fits your case. Until then: stay silent with the police and call us.
Licence withdrawn? Call before you say anything.
Any statement without legal advice is a risk. We review your file and tell you honestly which of the four options fits your case.