Drink-driving in Austria: what German drivers face

Under Section 14 (8) FSG a motor vehicle may be driven or operated only if blood alcohol is below 0.5 per mille and breath alcohol is below 0.25 mg/l. The 0.5 limit is therefore the general driving limit. It is not automatically a fixed penalty tier: between 0.5 and 0.8 per mille, alcohol impairment must be established before Section 99 (1b) StVO applies.

From 0.8 per mille impairment is established by law. Under Section 5 (1) StVO a person is deemed to be alcohol-impaired from 0.8 per mille blood alcohol or 0.4 mg/l breath alcohol. Lower limits apply to certain groups, including probationary and L17 drivers and drivers of lorries and buses.

Residual alcohol in the morning. A common mistake concerns driving the next morning. Alcohol elimination cannot be calculated reliably with a blanket hourly formula. Anyone who drank late and heavily may still be over the limit in the morning without feeling drunk. A check after a long night out is a classic case.

Since 30 July 2026 a new version of Section 99 StVO applies. The current assessment depends on legal alcohol impairment, the blood or breath value and the withdrawal rules in the FSG. Older overviews showing a fine of 300 to 3,700 euros for 0.5 to under 0.8 per mille or referring to Section 99 (1a) for 0.8 to under 1.2 per mille are outdated for current cases.

0.5 to under 0.8 per mille. The driving limit is exceeded. A fine under Section 99 (1b) StVO of 800 to 3,700 euros additionally requires alcohol impairment to be established. Where that offence is made out, the first withdrawal is generally at least one month and traffic coaching is ordered.

0.8 to under 1.2 per mille. Impairment is established under Section 5 (1) StVO. Section 99 (1b) StVO provides for a fine of 800 to 3,700 euros. On a first offence the withdrawal is generally at least one month, with traffic coaching.

1.2 to under 1.6 per mille. Fine of 1,200 to 4,400 euros under Section 99 (1a) StVO, withdrawal of at least four months and retraining.

1.6 per mille and more. Fine of 1,600 to 5,900 euros under Section 99 (1) lit. a StVO, withdrawal of at least six months, retraining, an official medical assessment and a traffic psychology statement. Refusal of the breath or medical examination is a separate offence under Section 99 (1) lit. b StVO with the same fine range.

The amendment BGBl. I No. 62/2026 is particularly important for cases from 30 July 2026. The former fixed penalty structure beginning at 0.5 per mille has been reorganised. Between 0.5 and under 0.8 per mille it must therefore be examined whether a concrete alcohol impairment was established in addition to the value.

For German drivers the cross-border distinction remains important: Austria decides the administrative penalty and, where there is no residence in Austria, may prohibit the use of the foreign driving entitlement in Austria. The German driver licensing authority may assess the facts under German law as well.

The assessment therefore depends not only on the number shown by the device but also on the type and timing of measurement, the record, clinical findings, service of the decision and any previous alcohol offences.

For a German licence without residence in Austria, the Austrian authority does not withdraw the German licence; under Section 30 (1) FSG it revokes the right to use it in Austria. Where there is a residence in Austria, Sections 24 to 29 FSG apply.

The ban on driving in Austria. Under Section 30 (1) FSG, a holder of a foreign EEA driving entitlement without residence in Austria can be prohibited from using it in Austria where grounds for withdrawal exist. The ban operates like a withdrawal, but only in Austria. The licence may be retained until the period expires or the person leaves Austria.

Where there is residence in Austria. The special rule in Section 30 (2) FSG applies: the authority can withdraw the foreign driving entitlement under Sections 24 to 29 FSG. Residence is therefore decisive for the legal classification.

Notice to the German body. Where possible, the Austrian authority informs the issuing authority of the revocation. The German driver licensing authority may assess the facts under German law as well. 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 pure breach of the StVO alcohol rules is generally not heard before a criminal court but handled by the district authority as an administrative penalty procedure. If an accident with injuries or another criminal offence is added, criminal proceedings may arise alongside it. This changes the authority and the available remedies.

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.