Medical-psychological assessment (Germany)

Last updated

In Germany, a medical-psychological assessment (German : Medizinisch-Psychologische Untersuchung, or "MPU") is used by the authorities in deciding whether to revoke or reissue a driving license. Medical-psychological assessment has been shown to be highly effective at reducing the recidivism rate for drunk drivers. [1] Drivers who are identified as potentially unfit may have their driver's license suspended and must satisfactorily complete an MPU to get their license reinstated. MPUs are commonly required due to drug- and alcohol-related offenses, or any other offenses that demonstrate a potential lack of maturity and judgment to safely participate in traffic.

Contents

The MPU is colloquially referred to as the "Idiot test" (German : Idiotentest), while the law refers to it as an "Assessment of Fitness to Drive" (German : Begutachtung der Fahreignung).

First German driving school in 1906, Aschaffenburg Erste deutsche Autolenkerschule 2.jpg
First German driving school in 1906, Aschaffenburg

History

The first standards mandating the MPU for certain prospective drivers were legally adopted in 1955. Its stated purpose was to improve traffic safety and reduce the number of accidents by identifying unfit dangerous drivers and removing them from traffic until fitness to drive was restored.

BAST statistics 2006 for WP.png

The MPU has an interdisciplinary basic approach. Although it is a punishment, it offers the offender the chance to rehabilitate themselves. [2] German medical-psychological institutes perform about 100,000 MPUs a year. Many of their clients have to take the MPU twice because more than 50% fail to get a positive opinion on their first try.

It is important to note that a judge in a criminal case will not impose the requirement to take an MPU. Instead, this decision is made by the state prosecutor. The application of this requirement is inconsistent; some state prosecutors enforce it while others do not. Given this variability and the nature of the MPU, it should be considered an extra-judicial punishment.

Drunk drivers

Alcohol offenders can only successfully complete an MPU after demonstrably reducing their alcohol consumption. The change in drinking behaviour must be stabilised and motivationally consolidated. Passing the MPU is not easy: drivers arrested with a blood alcohol level of 0.16% or more may in some instances be required to establish that they have been completely abstinent for at least one year; test administrators corroborate drivers' formal statements as to their abstinence by measuring their liver function levels and conducting random urine screenings. [3]

Other causes

A conviction for driving while impaired is not the only scenario in which the MPU can be required. Drivers who fail a drug test, even without operating a vehicle under the influence, can be required to obtain a favorable MPU opinion by a certain deadline (usually several weeks after an incident) or face suspension of their driver's licenses. This justification for requiring an MPU opinion enables the government to suspend the licenses of many alcoholics who were not apprehended while driving drunk. Bicyclists participating in traffic with a blood alcohol level of 0.16% or greater can also be required to undergo an MPU. [4]

BAST statistics 2006 for WP - results.png

Also, in addition to justification, an MPU (which is much more often passed than alcohol-related MPUs) is necessary if someone wants a dispensation from the minimum driving age.

MPUs have also been required for offenders who have committed repeated traffic offenses that demonstrate a lack of respect for the law, such as a driver who collected 17 speeding tickets and 127 parking violations in one-and-a-half years. [5]

Due to the nature of German law, committing a crime as minor as causing someone offense, such as giving someone the finger, can be considered an act of violence as they allegedly indicate a particularly high level of aggression or low impulse control. Consequently, the state prosecutor can impose the requirement to take an MPU in such cases as well.

Measures

If possible, the MPU gives a clear recommendation to the offender to attend a specific course to re-establish his or her fitness to drive. [6] These courses are well adapted to the specific problems of the offenders: Alcohol, drugs, or other traffic safety violations.

Bypassing the MPU

In the past, many applicants circumvented the MPU by obtaining a driving license in another European country (a practice known as driving license tourism). However, this changed significantly with the introduction of a new regulation on January 19, 2009, which created more legal certainty and equality. As a result, the number of advertisements for EU driving licenses had decreased.

Given the still controversial legal situation, potential subsequent bans on use, and many fraudulent offers with "guarantees of success," it was advisable to seek information in advance from legal professionals, especially those specializing in traffic law.

Until 2012, drivers found with an EU driving license in Germany were prohibited from continuing their journey if they still had outstanding driving license requirements in Germany.

This changed on April 26, 2012, when the European Court of Justice ruled that an EU driving license must be recognized in Germany, even if the person still has an MPU requirement or other requirements in Germany, provided the suspension period has expired and the person has their normal place of residence in the issuing EU member state. This ruling effectively bypasses the MPU requirement and enforceability entirely. [7] Notably, under EU law, it is possible to have a "normal place of residence" in multiple EU member states, even with minimal presence, such as owning a summer cottage in France and visiting it only once a year. This EU law supersedes German residency regulations.

Other countries

In Russia, all professional drivers must pass a similar test at 2-year intervals.

Related Research Articles

<span class="mw-page-title-main">Driving</span> Operation of a vehicle

Driving is the controlled operation and movement of a land vehicle, including cars, motorcycles, trucks, and buses. Permission to drive on public highways is granted based on a set of conditions being met and drivers are required to follow the established road and traffic laws in the location they are driving. The word driving, has etymology dating back to the 15th century and has developed as what driving has encompassed has changed from working animals in the 15th to automobiles in the 1800s. Driving skills have also developed since the 15th century with physical, mental and safety skills being required to drive. This evolution of the skills required to drive have been accompanied by the introduction of driving laws which relate to not only the driver but the driveability of a car.

Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For drivers under 21 years old, the legal limit is lower, with state limits ranging from 0.00 to 0.02. Lower BAC limits apply when operating boats, airplanes, or commercial vehicles. Among other names, the criminal offense of drunk driving may be called driving under the influence (DUI), driving while intoxicated or impaired (DWI), operating [a] vehicle under the influence of alcohol (OVI), or operating while impaired (OWI).

<span class="mw-page-title-main">Driving under the influence</span> Driving a motor vehicle while under the influence of an impairing substance

Driving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, to a level that renders the driver incapable of operating a motor vehicle safely. Multiple other terms are used for the offense in various jurisdictions.

<span class="mw-page-title-main">Ignition interlock device</span> Breathalyzer for an individuals vehicle

An ignition interlock device or breath alcohol ignition interlock device is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle. If the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration, the device prevents the engine from being started. The interlock device is located inside the vehicle, near the driver’s seat, and is directly connected to the engine’s ignition system. It is a form of electronic monitoring.

<span class="mw-page-title-main">Commercial driver's license</span> License to operate large or heavy vehicles

A commercial driver's license (CDL) is a driver's license required in the United States to operate large and heavy vehicles or a vehicle of any size that transports hazardous materials or more than 15 passengers.

Graduated driver licensing systems (GDLS) are designed to provide new drivers of motor vehicles with driving experience and skills gradually over time in low-risk environments. There are typically three steps or stages through which new drivers pass. They begin by acquiring a learner's permit, progress to a restricted, probationary or provisional license, followed by receipt of a full driver's license. Graduated drivers' licensing generally restricts nighttime, expressway, and unsupervised driving during initial stages, but lifts these restrictions with time and further testing of the individual, eventually concluding with the individual attaining a full driver's license.

DWI courts are a form of court that exists in some United States legal jurisdictions, that use substance-abuse interventions and treatment with defendants who plead guilty of driving while intoxicated or impaired. DUI courts may focus on repeat offenders and drivers with very high levels of blood alcohol at the time of the offense. As of December 2011, there were approximately 192 designated DUI courts in the United States, and approximately 406 drug courts that also accept DUI offenders.

A driver's permit, learner's permit, learner's license or provisional license is a restricted license that is given to a person who is learning to drive, but has not yet satisfied the prerequisite to obtain a driver's license. Having a learner's permit for a certain length of time is usually one of the requirements for applying for a full driver's license. To get a learner's permit, one must typically pass a written permit test, take a basic competency test in the vehicle, or both.

Many countries have adopted a penalty point or demerit point system under which a person’s driving license is revoked or suspended based on the number of points they’ve accumulated over a specific period of time, points are given for traffic offenses or infringements committed by them in that period. The demerit points schemes of each jurisdiction varies. These demerit schemes are usually in addition to fines or other penalties which may be imposed for a particular offence or infringement, or after a prescribed number of points have been accumulated.

<span class="mw-page-title-main">Alcohol laws in Germany</span> Laws regarding the consumption and purchase of alcoholic beverages in Germany

The German laws regulating alcohol use and sale are mostly focused on youth protection. In contrast to many other countries, legislation is relatively lenient and not designed to keep young people away from alcohol, but rather intended to teach them an appropriate approach to alcohol consumption, which is reflected by one of the lowest drinking ages in the world.

<span class="mw-page-title-main">Driving in the United States</span>

86 percent of people in the United States use private automobiles as their primary form of transportation to their workplace.

The U.S. state of Maryland has various policies regarding the production, sale, and use of different classes and kinds of drugs.

<span class="mw-page-title-main">Driving licence in Sweden</span>

Swedish driving licences adhere to a standard set in the European Economic Area. 18 years is the minimum age to obtain a licence for cars.

<span class="mw-page-title-main">Driving licence in the United Kingdom</span>

In the United Kingdom, a driving licence is the official document which authorises its holder to operate motor vehicles on highways and other public roads. It is administered in England, Scotland and Wales by the Driver and Vehicle Licensing Agency (DVLA) and in Northern Ireland by the Driver & Vehicle Agency (DVA). A driving licence is required in England, Scotland, and Wales for any person driving a vehicle on any highway or other "road", as defined in s.192 Road Traffic Act 1988, irrespective of the ownership of the land over which the road passes. Similar requirements apply in Northern Ireland under the Road Traffic Order 1981.

The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime. Thresholds range from the limit of detection (zero-tolerance) to 0.08%. Some countries have no limits or laws on blood alcohol content.

<span class="mw-page-title-main">Drunk driving</span> Operating a motor vehicle under the influence of alcohol

Drunk driving is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash.

<span class="mw-page-title-main">Driver's license</span> Document allowing one to drive a motorized vehicle

A driver's license, driving licence, or driving permit is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, cars, trucks, or buses—on a public road. Such licenses are often plastic and the size of a credit card.

A Lebanese driving licence is a driving licence issued by the government of Lebanon. It authorises its holder to operate various types of motor vehicles on highways and some other publicly accessible roads. It is issued by each individual district.

Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with impaired driving based on blood alcohol levels of 0.01 or higher, and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher.

<span class="mw-page-title-main">Cannabis and impaired driving</span> Overview of the relationship between the use of Cannabis and impaired driving ability

Two main questions arise in the law surrounding driving after having ingested cannabis: (1) whether cannabis actually impairs driving ability, and (2) whether the common practice of testing for THC is a reliable means to measure impairment. On the first question, studies are mixed. Several recent, extensive studies–including one conducted by the National Highway Traffic Safety Administration and one conducted by the American Automobile Association (AAA)–show that drivers with detectable THC in their blood are no more likely to cause car crashes than drivers with no amount of THC in their blood. Others show that cannabis can impair certain abilities important to safe driving –but no studies have been able to show that this increases the actual risk of crashing, or that drivers with THC in their blood cause a disproportionate number of crashes. On the second question, the studies that have been conducted so far have consistently found that THC blood levels and degree of impairment are not closely related. No known relationship between blood levels of THC and increased relative crash risk, or THC blood levels and level of driving impairment, has been shown by single-crash or classic-control studies. Thus, even though it is possible that cannabis impairs driving ability to some extent, there are currently no reliable means to test or measure whether a driver was actually impaired.

References

  1. alcalc. "Medical screening and medical-psychological assessment as prerequisites for regranting of licences; Alcohol & Alcoholism Vol. 31, No. 6, pp. 605-607, 1996" (PDF). Archived from the original (PDF) on March 4, 2016.
  2. "Müller & Laub 2006. The Medical Psychological Assessment: An Opportunity for the Individual, Safety for the General Public" (PDF). Archived from the original (PDF) on 2012-02-08. Retrieved 2007-12-12.
  3. mpu-berlin-vorbereitung.de. "MPU Vorbereitung in Deutschland aus Berlin" (in German). Retrieved 18 March 2021.
  4. "Fahrradfahren nach Führerscheinentzug erlaubt". autogazette.de. 9 August 2011. Retrieved 3 June 2019.
  5. "Recht: Häufiges Falschparken". Die Welt (in German). 6 August 2014. Retrieved 3 June 2019.
  6. Krohn 2006. Courses for the re-establishment of fitness to drive with legal consequences
  7. "Youtube: Bericht EuGH Urteil vom 26.04.2012 ausländischer Führerschein gültig? (ARD Tagesschau)" . Retrieved 2015-04-24.