In brief: Driving without a licence under § 21 StVG is a criminal offense, punishable by up to one year of imprisonment or a fine. It covers driving a motor vehicle without holding the required driving permit (Fahrerlaubnis) or despite a driving ban. Merely forgetting the physical licence document is not a criminal offense – it is only an administrative infraction. The defense focuses on who was driving, on the validity of a (including a foreign) driving permit and on intent; particularly important is avoiding a period of disqualification and the confiscation of the vehicle.
The accusation affects above all people who never obtained a driving permit, whose permit was withdrawn, or who drove despite a driving ban. For expats, questions about the recognition of a foreign licence frequently arise. This article explains the elements, the consequences and the concrete options for action.
What § 21 StVG Penalizes
Under § 21(1) StVG, whoever drives a motor vehicle although they do not hold the required driving permit or are prohibited from driving by a driving ban is liable – as is whoever, as the keeper of the vehicle, orders or permits another to drive without a permit. The range is up to one year of imprisonment or a fine. Under § 21(2) (including negligent commission or driving despite a seized licence) the penalty is milder. § 21(3) StVG even allows, in certain cases, the confiscation of the vehicle.
Crucial Distinction: Criminal Offense or Mere Infraction?
Decisive is the distinction between the driving permit (the entitlement, Fahrerlaubnis) and the driving licence (the document, Führerschein). Whoever holds a valid driving permit but merely fails to carry the document commits no criminal offense, but only an administrative infraction. A criminal offense under § 21 StVG exists only where the driving permit is lacking – because it was never obtained, was withdrawn or was declared invalid.
Typical Constellations
Frequent are driving after a withdrawal of the driving permit (§ 69 StGB), driving without ever having obtained a permit, driving despite a driving ban, and cases involving foreign driving permits whose recognition in Germany is disputed.
Foreign and EU Driving Permits – Considerations for Expats
For expats and newcomers, the recognition of a foreign driving permit is a frequent and complex issue. In principle, an EU/EEA driving permit is recognised, but there are important exceptions – for instance where the holder had their ordinary residence in Germany at the time of issue, or after a German withdrawal with a period of disqualification. Non-EU (third-country) licences are generally only valid for a limited period after taking up residence and must then be converted. Whoever drives in the mistaken belief that their foreign licence is valid may lack intent; these recognition questions are a central point of the defense and should be clarified carefully.
Consequences: Disqualification, Points, Confiscation
Besides the sentence, the court can order an isolated period of disqualification (§ 69a StGB), during which no driving permit may be issued – this also affects people who never held a permit. In addition there are points in the driving-fitness register and, in the case of repetition, the threat of confiscation of the vehicle. Consequences under insurance law (recourse by the comprehensive insurer) are also possible.
Strategy and Options for Action
1. Remain Silent and Obtain File Access
Make no statement on the matter without defense counsel (§ 136 StPO). Only file inspection (§ 147 StPO) shows the evidence – who was driving and how this is established.
2. Dispute Being the Driver
It is often unclear who was actually at the wheel. Without secure proof of the driver, a conviction is excluded.
3. Examine the Validity of the Driving Permit
If a valid – including foreign – driving permit did exist, the offense is not made out. Recognition questions concerning EU permits must be examined carefully.
4. Intent and Error
If the accused mistakenly assumed their permit was valid or the driving ban had already expired, intent may fall away; then at most the milder negligent commission comes into consideration.
5. Avert Disqualification and Confiscation
An essential aim is to avoid or shorten an isolated period of disqualification and to avert the confiscation of the vehicle – particularly where the vehicle is needed for work.
6. Discontinuance and Penalty Order
For first offenders, a discontinuance under §§ 153, 153a StPO or disposal by a penalty order comes into consideration.
Consequences of a Conviction
Every conviction is entered in the Federal Central Criminal Register; it appears in the certificate of good conduct as a rule only from more than 90 daily units of a fine (§ 32 BZRG). Repeated driving without a permit is judged considerably more strictly and can lead to imprisonment and confiscation of the vehicle. For foreign nationals, a conviction can also have residence-law relevance.
Frequently Asked Questions
Is forgetting my licence document a crime?
No. Whoever holds a valid driving permit but does not have the document with them commits only an administrative infraction – not a criminal offense under § 21 StVG.
Is my foreign licence valid in Germany?
It depends. EU/EEA permits are generally recognised, with exceptions; third-country licences are usually only valid for a limited period and must then be converted. The recognition question should be clarified before driving.
Can a disqualification be imposed even though I never held a permit?
Yes. The court can order an isolated period of disqualification (§ 69a StGB), during which no driving permit may be issued.
Can my car be confiscated?
In certain – above all repeated – cases, § 21(3) StVG allows the confiscation of the vehicle. Averting this is a central defense aim.
How We Can Help
In cases of driving without a licence, the driver’s identity, the validity of the permit and intent – and the question of disqualification and confiscation – decide the outcome. We defend you in Bonn and throughout the Rhineland, including English-speaking clients; more on our page for criminal defense in Bonn.
This article provides a general overview and does not replace advice in an individual case. A reliable assessment is only possible after inspection of the file and a personal consultation.
Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.
More about the attorney →Last updated: July 2026
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