Criteria of Ordering a MPU-Examination
General Legal Conditions
The question if you need and MPU or not, can be safely answered in most cases. For with the "Fahrerlaubnisverordnung (FEV) or its English equivalent, the "Driver's License Regulation", the legislator has given the administration, i.e. the driver's license office, a text that prescribes who has to submit to a MPU. As any legal bill, this text has to be interpreted by court decisions, but, once doubts about fitness (Eignungszweifel) have been substantiated, the decision of the administration is binding: a decision margin does then not exist.
Doubts about Fitness
With our term "doubts about fitness" we have indeed hit the nail on the head. For a MPU can only be ordered if there are facts which cast doubt on the driver's fitness. These would be either circumstances that might be attributed to the medical field, for example physical or mental diseases strong enough to not be able to drive or to endanger road traffic (e.g. diabetes or schizophrenia) – we will not further talk about these here. Then we might think of all forms of physical dependency, be it pills, alcohol or drugs – the last two will interest us below. Further, your fitness as a driver is questioned if you drove under the influence of alcohol or drugs, even if you just consumed so-called "heavy" drugs. And finally, we would like to mention facts that concern wrong behavior while driving, lack of character (temperament) or other personality features. Especially, if you have repeatedly infringed the traffic regulations, or have manifested aggression while driving or beyond road traffic, or if other serious legal transgression can be proven against you, you have to expect an MPU order.
Powers of Discretion and Cooperation
Usually, such an order is early recognizable, i.e. one can decide the case just knowing the file. We will now get to know some typical examples that will help you to be informed. Generally, the driver's license office, i.e. the person dealing with your affairs will decide if a MPU is necessary or not. I just mentioned that doing so, he is bound by rules, meaning that he has to implement the regulations and thus order a MPU. But a minority of constellations grants a certain discretion which you can benefit you as well. If you fall under this heading, you can improve your situation cooperating and presenting extenuating findings. Thus, is advisable to contact a traffic psychologist who in a borderline case can have an audition with the driver's license office. Treat yourself thus in good time to an informative consultation and clarify your case with me or with a colleague. Additionally you can also consult an advocate. We all will help you to find the right strategy contacting the driver's license office or to secure those finding which will in many ways help you thus gaining valuable time.
It should be easiest if I walk you through the main occasion groups. On the pages dealing with the MPU counseling (alcohol, points, drugs, offences) you will find further information. Take your time to study as well those pages which are relevant to your case.
Alcohol
1. Alcohol Dependency
Dear visitor of my website,
as you can see, the web project is still under development. It will be finished this year in summer and will permanently be updated, for you to always receive the newest information. Please do understand, that the actual page is presently not yet available. Should you want to know more about the criteria of ordering an expertise (MPU) and should you especially like to know, when exactly such an order is inevitable, you can contact me by e-mail or phone under (089) 291 651 63. I would always like to recommend to consult the German page, which will be ahead in the production. You will find a detailled outline of the legal sitatuation in Germany (Bavaria), which is relevant for Munich and surroundings.
Yours,
Dr. M. Junker