Driving while fatigued in Germany: your comprehensive guide based on updated police guidance
In Germany, driving under severe fatigue—even without falling into deep sleep—is treated as a serious threat to public safety. Updated police guidance discusses “Übermüdung” more clearly and emphasizes that physical and mental exhaustion can, in real-world risk, resemble driving under the influence of alcohol or drugs.
What does “Übermüdung” mean?
In a driving context, severe fatigue means the driver can no longer fully control the vehicle or follow traffic properly due to lack of sleep or a disrupted daily rhythm. This is often described as functional unfitness to drive (funktionelle Fahruntauglichkeit), a legal framework also used when assessing other forms of impairment.
Why do authorities treat this as a violation?
Under § 315c of the German Criminal Code (StGB), driving while being unable to drive safely due to physical or mental impairment—while creating danger to others—can lead to serious penalties, including fines, potential imprisonment, and the possible withdrawal of the driver’s license.
This also includes “Sekundenschlaf”: sudden microsleep for just a few seconds—enough to lose control and cause a crash.
Examples and possible penalties
If a driver commits a violation or causes an accident due to fatigue, § 315c may expose them to:
High fines
Possible imprisonment (often up to two years in practice, and up to five years in severe cases)
Temporary or permanent license withdrawal
Microsleep cases are included because sudden drowsiness is considered a real safety hazard. In accidents linked to microsleep, a temporary immediate license measure may also be possible.
How common are fatigue-related crashes?
Traffic experts and organizations (including ADAC, DVR, and DGSM) repeatedly warn that fatigue is a major crash factor. A common comparison states that being awake for 17 hours can impair performance similarly to about 0.5‰ blood alcohol concentration, and around 22 hours may approach 1.0‰ in effect.
How to avoid this risk
1) Know the warning signs
Frequent yawning, burning eyes, fixed stare, reduced focus
Poor distance judgment, not remembering the last miles
Unintended speed changes or drifting within the lane
2) Plan trips wisely
Avoid driving after long shifts or very late at night
Practical rule: break every two hours or roughly every 200 km
3) What actually works
A short nap (15–20 minutes) followed by coffee
If clear signs appear: stop immediately, get fresh air, move around
4) Use technology
Driver monitoring systems can warn about drowsiness signals, lane drifting, or inattention. These features have become more common and safety-driven in the EU for new vehicles since 2024.
5) See a doctor if needed
If you suffer from sleep disorders such as sleep apnea or chronic insomnia, medical assessment is important, as untreated conditions can seriously affect driving ability.
Conclusion
Driving while fatigued is not just an “inconvenience” in Germany; when danger or an accident occurs, it can be treated as a criminal matter. Microsleep is often underestimated, yet its consequences can be severe. Stopping when tired, using modern systems, and maintaining healthy sleep are not only protective measures—they also reduce legal risk and help keep everyone safe.
The website’s writers and editors aim to provide accurate information through extensive research and multiple sources. However, errors may occur or some details may not be fully confirmed. Please treat this content as initial guidance and always consult the competent authorities for verified information.
