Defending Against BtMG Charges and Driving Offenses in Germany: How a Traffic Lawyer Can Protect Your Freedom and Licens

This blog outlines everything you need to know about your rights, legal options, and defense strategies when facing charges under the Betäubungsmittelgesetz (BtMG) and road traffic law in Germany. From alcohol influence driving to cannabis detection in blood tests, we show how a good Rech

The Legal Landscape: Understanding BtMG and Its Consequences

In Germany, the Betäubungsmittelgesetz (BtMG) governs all narcotics-related offenses — from simple cannabis possession to more serious distribution or trafficking charges.

Under the BtMG, even small amounts of cannabis for personal use are technically illegal. The prosecution can be dropped under certain thresholds (like under 6 grams in some federal states), but this doesn’t prevent license-related consequences.

A typical scenario includes:

  • Police catching you with cannabis (on foot or while driving)

  • Mandatory drug test (blood, urine, or saliva)

  • Administrative procedures from the Führerscheinstelle

  • Possible requirement for MPU

  • Entry into the FAER (Verkehrszentralregister)

Even without a criminal charge, you may lose your license.

Drugged Driving: Zero Tolerance in German Traffic Law

German traffic law imposes zero tolerance for drugs and alcohol when it comes to driving:

OffensePenalty
Driving under cannabis€500+ fine, 1-3 months suspension, 1 point
Blood THC ≥1 ng/mlEnough for MPU referral
Alcohol over 0.5‰€500+ fine, 1-3 months suspension, MPU if repeated
Combo: Drugs + AlcoholDrastic measures, license revocation, MPU mandatory

Even if no accident occurs, you can lose your license just by testing positive.

THC Nachweisbarkeit & Police Procedure

If you’re stopped by police and suspected of drug influence, here’s what happens:

  1. Field sobriety test

  2. Drug screening via saliva or urine

  3. Blood test if suspicion confirmed

  4. Lab report sent to licensing authority

  5. License suspension or direct revocation

  6. MPU ordered in severe or repeat cases

The lab analysis looks for active THC and THC-COOH (degradation product). If active THC >1 ng/ml, they assume lack of separation between use and driving.

In court, your lawyer can challenge toxicology, test procedures, and question police methods.

How a Verkehrsrecht Lawyer Builds Your Defense

A skilled Rechtsanwalt Verkehrsrecht or BtMG defense attorney plays a key role. Here's what they do:

  • Challenge procedural mistakes (unlawful stops, flawed lab testing)

  • Request secondary tests or hair analysis

  • Argue proportionality — was a small amount enough to revoke a license?

  • Highlight legal discrepancies between federal states

  • Negotiate with the Führerscheinstelle to reduce or avoid MPU

  • Fight for reinstatement or shortened bans

If facing criminal drug charges AND license loss, a dual-qualified lawyer is essential.

MPU nach BtMG: Was erwartet dich?

If your case leads to an MPU, here’s what you must prepare for:

  • Full drug history disclosure

  • Proof of abstinence (often 6–12 months)

  • Psych evaluation regarding behavioral change

  • Long-term prognosis of drug-free driving

  • Possibly multiple tests (hair, urine, screening logs)

Many fail because they are not coached and don't understand psychological expectations. A good MPU Anwalt prepares you both legally and mentally.

MPU Nicht Bestanden: What Happens?

Failing the MPU leads to:

  • Extension of driving ban

  • Higher costs

  • Loss of job (especially drivers, sales reps, etc.)

  • Emotional distress and fear of public labeling

Worse, your negative MPU result stays on record and impacts all future license requests. That’s why a proper defense strategy before MPU even happens is vital.

Second Chances: How to Win Your License Back

To get your license back, especially after drug-related revocation, you’ll need to:

  1. Document abstinence with certified programs

  2. Undergo traffic psychological counseling

  3. Work with a qualified lawyer who knows drug and traffic law

  4. Prepare for MPU with professional coaching

  5. Challenge legal aspects wherever possible

A lawyer can often reduce the requirements — for example, replacing 12-month abstinence proof with 6-month separation training if supported by evidence.

Building a Strong Legal Case

Here’s what your defense should include:

  • Medical certificates disproving addiction

  • Urine/hair tests that show detoxed status

  • Traffic behavioral change log

  • Statements from therapists or psychologists

  • Analysis of police protocol and search legality

Often, a legal error or weak police protocol can invalidate evidence — your Rechtsanwalt will know how to leverage that.

Case Study: A Successful BtMG Defense

Case: 28-year-old male caught with cannabis, stopped while cycling

  • THC in blood = 1.3 ng/ml

  • License revoked, MPU ordered

Defense strategy:

  • Lawyer argued procedural misconduct during stop

  • Presented proof of voluntary abstinence

  • Brought psychological counseling reports

  • Hair test showing 6 months clean

Result:

  • MPU shortened to 6 months

  • License reinstated

  • Criminal record avoided

This is the kind of real-world success only possible with expert legal help.

Kanzlei Nattermann: Your Legal Shield in Drug-Related Driving Cases

When It’s BtMG + Traffic Law, You Need a Specialized Defense Team

The legal team at Kanzlei Nattermann is highly experienced in defending drivers facing BtMG violations, cannabis-related traffic offenses, and MPU procedures. They’ve helped hundreds of clients avoid wrongful license suspensions, prepare for MPUs, and challenge blood tests.

They assist with:

  • Strategic case planning

  • Procedural defense

  • Preparation for MPU tests

  • Abstinence coaching connections

  • License reinstatement pathways

Whether you’ve already lost your license or want to avoid reaching that point, Kanzlei Nattermann is your best first step.

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