Drunk driving: New court ruling intensifies MPU compulsory!

Recently updated on February 21, 2023 at 06:14 am

A judgment of the Federal Administrative Court in Leipzig lowers the alcohol limit from one MPU (Medical-psychological examination) may be ordered from 1,6 to now 1,1 per mille. Traffic offenders only get their driver's license back after the mandatory MPU has been passed. The MPU, also known as "Idiot test“Is called, is feared among drivers, because alcohol sinners at the wheel have to talk about their act with a psychologist and on average 40 percent fall through.

The new verdict in detail!

The decisive factor for the new judgment was one that was long ago Alcohol trip in Kassel, where the person concerned is at the wheel 1,3 per mille stopped. The driver's license was withdrawn, but the driver filed a lawsuit against the ordered MPU. Now the Federal Administrative Court, as the highest instance, has decided that in certain cases an alcohol reading has already been taken from 1,1 per mille enough to have an MPU to arrange. This judgment applies not only to this case, but also to all future cases.

Why is an MPU prescribed?

The point of an MPU is simply explained, the motorists should prove after the traffic offense that they no longer pose a threat to road traffic. You need to be able to convince a psychologist that you have recognized your offense and have changed. Hence, the regularity plays for the offense, that is how often a person Drying takes or drinks alcohol, a crucial Role. If it was just a one-off slip, you won't have to do an MPU either, you will with one Fine get away and die driving licence got back after a short suspension.

But count to the for example Habit drinkers, this poses a greater risk to road traffic and you will not get your driving license back anytime soon and go to the MPU have. A decisive indicator for regular alcohol consumption are therefore so-called Failure symptomsthat can be recognized during a check.

Failure symptoms?

What can you imagine by that? In the course of a check, not only the police, but also later the doctor, when the blood is drawn, note how the person concerned was acted on them.

• Questions such as: How did the driver steer the car? Has he switched unsafe or stalled the engine?
• How did the driver get off? Has he got out normally or is it fluctuating or is cumbersome? Did he have to hold on to the vehicle?
• How did the driver speak and how did he move? Did the driver speak normally or was it rather indistinct? Was his gait inconspicuous or rather sluggish or staggering?
• How was the driver's general perception? Was he able to grasp the situation quickly or did he seem to be delayed in perceiving the situation or was he unresponsive?
• What was the mood and overall behavior during the check-up? Did the driver behave calmly, was he talkative or communicative, or even aggressive or provocative?

An inconspicuous driver must definitely go to the MPU!

Because the police officers of the drunk driver from Kassel also had 1,3 per mille in the blood no failure symptoms noted, the Federal Administrative Court is convinced that it is a Habit drinkers acted. With the court decision, many more drivers are now suspected of being habitual drinkers. A trend-setting judgment that is welcomed by traffic physiologists, as drink-driving is one of the main causes of many serious traffic accidents. Drivers used to alcohol are one High risk group and the risk of an accident is even higher than 1,1 per mille with an alcohol concentration in the blood 10 times as high like in a sober state.

Acting brilliant performances at traffic control are not useful

What is the state of affairs when a talented driver shows signs of failure during an inspection audition würdento bypass such an MPU? Acting can quickly have fatal consequences, because depending on the alcohol concentration in the blood, failure symptoms can also have disadvantages. Because anyone who begins to babble or fluctuate at 0,3-1,1 per mil, for example, signals that he is not able to control a vehicle. So if you have such a alcohol level, you should concentrate on it as few failures as possible to show. Is the alcohol value about 1,1% However, one would have to be able to act very convincingly that the alcohol consumption seems unusual. In order to be able to act correctly, the driver would have to know exactly about his blood alcohol concentration, but he cannot. So acting skills are at a control not recommended.

When does the new regulation come into effect?

The new benchmarks come into effect with the judicial decision rinse in force and will be implemented immediately throughout Germany without transition periods. Proceedings that are currently pending must also be assessed according to the new decision. So if you recently had an alcohol concentration in your blood in between 1,1 and 1,6 per mille If you have been caught driving, expect an MPU. The decision inevitably determines the number of examinations carried out in Germany increase significantly.

Of course that had not been the case.

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