Driver’s License Revocation as a Pedestrian
The 0.5 per mille limit applies to drivers in Austria. Most people know this. Many people therefore refrain from driving home after consuming alcohol. Instead, they switch to a bicycle or walk home because a taxi ride seems too expensive.
But does that really save your driver’s license – or can a driver’s license also be revoked from drunk pedestrians?
Blood Alcohol Limit for Pedestrians?
In Austria, there is also a blood alcohol limit for cyclists, as there is for car and motorcycle drivers. The blood alcohol limit is higher for cyclists than for car and motorcycle drivers. The legislature in Austria has set the limit for cyclists at 0.8 per mille.
The situation is completely different for pedestrians. The legislature in Austria has not standardized a blood alcohol limit for pedestrians.
Does the lack of a blood alcohol limit for pedestrians automatically mean that intoxicated pedestrians cannot lose their driver’s license? Or is there a risk of having to surrender their driver’s license even for intoxicated pedestrians?
Sebastian RiedlmairHarlander & Partner Attorneys „Wir erklären Ihnen, ob Sie Ihren Führerschein und Ihren Versicherungsschutz riskieren, wenn Sie betrunken zu Fuß nach Hause gehen.“
Consequences for Drunk Pedestrians?
Drunkenness leads to poorer sensory perceptions. In particular, the sense of sight and hearing, and thus the entire perception, are massively impaired by alcohol. At the same time, caution decreases and the willingness to take risks increases significantly.
Even if there is no fixed blood alcohol limit for pedestrians, drunk pedestrians may be unfit to participate in road traffic.
It is clear that such behavior can have consequences. We will show you the effects on the driver’s license, the obligation to pay damages in the event of an accident and on the coverage by insurance companies in the event of a claim.
Driver’s License Revocation for Drunk Pedestrians?
Especially if a accident is caused by drunk pedestrians, there is a risk of driver’s license revocation by the police. Such accidents often happen when intoxicated pedestrians suddenly stagger onto the road, stay in dark or unclear places, or cross the road out of exuberance despite a red light.
In such situations, the police can argue that the correct self-assessment and thus the traffic reliability of the drunk pedestrian was no longer given, which generally makes the pedestrian a danger in road traffic.
Even if there is no accident, but the intoxicated pedestrian has to be repeatedly warned by the police due to his behavior in road traffic, there is a risk of driver’s license revocation.
If the drunk pedestrian is carrying his driver’s license, the driver’s license can be taken away by the police on the spot. In any case, the procedure for revoking the driver’s license will then be initiated. There, an objection can then be lodged.
Select your preferred appointment now:Free initial consultationLiability for Damages for Intoxicated Pedestrians?
Losing your driver’s license has expensive consequences. Retraining, traffic psychological examination and, in the worst case, loss of employment are expensive consequences of losing your driver’s license.
However, it can also get even more catastrophic.
Anyone who participates in road traffic while intoxicated always disregards the necessary care in road traffic. This behavior is assessed as grossly negligent. This entails a particularly high and particularly extensive liability for damages.
Anyone who causes an accident while drunk must not only pay for property damage such as damaged cars, but also for pain and suffering, medical expenses, loss of earnings and loss of profit. In the case of particularly serious accidents, these claims can easily become life-threatening. If the accident leads to a disability or inability to work of the accident victim, this means lifelong payments.
No Insurance Cover for Drunk Pedestrians?
It is particularly serious that your own insurance can refuse to pay due to gross negligence and that other insurance companies such as health insurance companies and comprehensive insurance companies of the accident victim can seek recourse from the person who caused the accident.
Frequently Asked Questions
There is no blood alcohol limit for pedestrians in Austria. Nevertheless, intoxicated pedestrians can suffer a driver’s license revocation, become liable for damages and lose the protection of their insurance, especially due to accidents.
Intoxicated pedestrians can have their driver’s license revoked if their behavior suggests a lack of traffic reliability. The police can then confiscate the driver’s license on the spot and initiate proceedings for driver’s license revocation.
Conclusion
Anyone who has drunk too much should not even participate in road traffic as a pedestrian, but should be taken home safely. Anyone who does not heed this risks much more than their own driver’s license.
Peter HarlanderHarlander & Partner Rechtsanwälte „Wurden Sie in einen Verkehrsunfall verwickelt?
Nutzen Sie unser kostenloses Erstgespräch mit einem Rechtsanwalt für Verkehrsrecht zur Klärung ihrer Fragen.“
