Drug-driving in Austria: what German drivers face

The most important difference from alcohol: for narcotics there is no fixed limit. While for alcohol a fixed band applies from 0.5 per mille, for drugs it turns on whether you were in a state impaired by narcotics. The basis is Section 5 in conjunction with Section 99 StVO.

What impairment means. What matters is not the mere detection of a substance in the body but the actual unfitness to drive in the specific moment. Cannabis in particular remains detectable in blood or urine for a long time, even when its effect has long worn off. Detection alone therefore does not necessarily establish impairment.

Why this matters. Because impairment is what counts, the medical finding plays a central role. The clinical examination and the assessment must establish the impairment in a comprehensible way. This is where a defence begins.

Where impairment by narcotics is suspected, a graduated procedure runs. Each stage has its own meaning.

The saliva pre-test. Trained police officers or doctors can test the saliva with a pre-test device for traces of narcotics. The pre-test is only a first indication, not proof of impairment.

The clinical examination. If the suspicion is confirmed, a medical officer carries out a clinical examination. Examined are, for example, pupil reaction, coordination and further signs. This examination is the actual basis of the finding.

The blood draw. If the clinical examination reinforces the suspicion, a blood draw and its analysis follow. A blood draw cannot be enforced by coercion, but its refusal leads to a higher penalty.

The consequences of confirmed impairment are severe and affect the wallet and mobility at the same time.

The fine. Anyone who drives in a state impaired by narcotics risks a fine of 800 to 3,700 euros under Section 99 StVO. On a refusal of the examination the penalty rises to 1,600 to 5,900 euros.

The licence withdrawal. On a first offence the licence is withdrawn for at least one month. If the driver caused an accident while impaired, the withdrawal lasts at least three months. Depending on the case a retraining course and further conditions are added.

The procedure. As with alcohol it is an administrative penalty procedure of the district authority. An objection against the penal order is possible within two weeks, and a complaint to the regional administrative court against the penal decision.

As with alcohol, the Austrian authority cannot withdraw a German licence, because it was not issued in Austria. It can, however, prohibit its use in Austria.

The ban on driving in Austria. Under Section 30 FSG the authority can prohibit driving in Austria for a fixed period. In practice this works like a withdrawal, limited to Austrian territory.

Notice to Germany. Austria informs the competent German authority. That authority examines measures of its own under German law. With drugs in particular a question about fitness to drive can follow in Germany, with its own consequences.

Enforcement of the fine. The Austrian fine is also enforceable in Germany, on the basis of the EU Framework Decision 2005/214/JHA from 70 euros. How the mail from Austria works is explained in our article on the Austrian penal order sent to a German address.

It is not only illegal drugs that can impair fitness to drive, but also prescribed medication. The distinction between legality and fitness to drive is important.

The effect counts, not the legality. Strong painkillers, sedatives or certain allergy preparations can reduce reaction capacity. Anyone who becomes unfit to drive as a result can be liable to penalty, even if the medication was prescribed entirely lawfully.

Medical instruction as the yardstick. Anyone who takes a medication on medical instruction and according to the directions is not automatically unfit to drive. What is decisive is the impairment established in the individual case. The prescription, the dosage and the package leaflet are therefore important pieces of evidence.