Drink-driving in Austria: what German drivers face

The general limit in Austria is 0.5 per mille of blood alcohol, usually measured through the breath, where this corresponds to 0.25 mg/l. Anyone who reaches or exceeds this value commits an administrative offence under Section 99 StVO.

Stricter limits for certain groups. For novice drivers in the probationary period, for drivers of trucks and buses and for L17 learner drivers the limit is 0.1 per mille. Even a small residual alcohol level can amount to an offence here. For cyclists the limit is 0.8 per mille.

Residual alcohol in the morning. A common mistake concerns driving the next morning. Alcohol is broken down slowly, around 0.1 to 0.15 per mille per hour. Anyone who drank late and heavily can still be well above the limit in the morning. A check after a long night out is a classic case.

Austria grades the penalties by the measured value. As the per mille value rises, the fine and the withdrawal duration rise too.

0.5 to under 0.8 per mille. Fine of 300 to 3,700 euros under Section 99 para 1b StVO. On a first offence the licence is usually retained, with a record entry. On a repeat a retraining course is added.

0.8 to under 1.2 per mille. Fine of 800 to 3,700 euros under Section 99 para 1a StVO. The licence is withdrawn for the first time, at least one month, plus a traffic coaching.

1.2 to under 1.6 per mille. Fine of 1,200 to 4,400 euros, withdrawal at least four months, plus a retraining course.

1.6 per mille and more. Fine of 1,600 to 5,900 euros, withdrawal at least six months, plus a retraining course, a medical assessment and a traffic psychology examination. A refusal of the test is treated as equivalent to this highest band.

An Austrian authority cannot withdraw a German licence, because it was not issued in Austria. It can, however, prohibit the use of the driving entitlement within Austrian territory.

The ban on driving in Austria. Under Section 30 FSG the authority can prohibit the holder of a foreign driving entitlement from driving in Austria for a fixed period. In practice this works like a withdrawal, but only for Austrian territory. Your German licence formally remains in place.

Notice to the German body. Austria informs the competent German authority about the incident. That authority examines under German law whether measures up to the withdrawal of the driving entitlement in Germany come into question. A serious drink-driving offence abroad can therefore have consequences in Germany too.

The fine and its enforcement. The fine imposed by the Austrian authority is also enforceable in Germany. On the basis of the EU Framework Decision 2005/214/JHA, financial penalties from 70 euros can be enforced across borders. You can read more in our article on the Austrian penal order sent to a German address.

A drink-driving case is not heard before a criminal court but conducted by the district authority as an administrative penalty procedure. This does not change the severity of the consequences, but it changes the routes to challenge them.

Penal order and objection. Often a penal order is issued first. You can lodge an objection against it within two weeks (Section 49 VStG). The authority then conducts an ordinary procedure and issues a penal decision.

Complaint to the administrative court. A complaint to the regional administrative court is possible against the penal decision, likewise within four weeks. From a legal perspective examining measurement and procedural errors is worthwhile, because the precise observance of the rules is a condition of a valid penalty.

Travelling home does not end the procedure. Anyone who drives back to Germany after the check is not out of the procedure. The authority serves notice at the German address, and the deadlines run. Anyone who misses them loses the chance to challenge.