Driving License Revocation

Driver’s License Revocation

A driver’s license is revoked when the competent authority temporarily or permanently withdraws the right to drive motor vehicles. Motor vehicles include all vehicles with motor drive that are not bound to rails, including in particular cars, motorcycles, mopeds and trucks.

In the opinion of the authority, a reason for revocation exists if someone is not suitable or reliable enough to participate safely in road traffic. This may be the case in particular if a person is under the influence of alcohol, has consumed drugs, commits gross traffic violations or health problems impair the ability to drive.

With driver’s license revocation, one temporarily loses the authorization to drive a vehicle, usually after a serious traffic violation or for safety reasons.

Peter Harlander
Harlander & Partner Rechtsanwälte „A driver’s license revocation is not a final loss. With a clear legal strategy and careful preparation, the reacquisition of the driver’s license can be pursued in a targeted manner. “

Reasons for driver’s license revocation

A driver’s license is revoked if road safety is endangered.
The most common reasons are alcohol, drugs, serious traffic violations, health problems, or repeated rule violations.

Alcohol and Drugs

Driving under the influence of alcohol or drugs is one of the most common reasons.

• From 0.8 per mille, the driver’s license is provisionally seized by the police.
• A zero-tolerance rule applies to drugs.

In these cases, the authority regularly requires an official medical report or a traffic psychological examination before the driving license is reissued.

Serious Traffic Violations

Even without alcohol, the driver’s license can be revoked, for example, in cases of:

• excessive speeding (anyone who drives more than 40 km/h too fast within a locality or more than 50 km/h outside commits a gross speeding violation)
• risky overtaking maneuvers
• multiple prior offenses
• hit-and-run accidents

Such violations demonstrate a lack of consideration and pose a danger to other road users.

Health Reasons

If physical or mental illnesses impair the ability to drive, the driver’s license can also be revoked. These include, for example, visual impairments, neurological diseases or side effects of medication. In these cases, an official doctor decides on the fitness to drive.

Repeated Offenses and Probationary Period Violations

Whoever repeatedly violates traffic rules or commits a serious offense during the probationary period usually loses their driver’s license for several months.
This often includes retraining courses or traffic coaching sessions.

Alcohol at the Wheel

§ 5 of the Road Traffic Regulations (StVO) regulates the conditions under which a vehicle may not be driven or put into operation if the driver is in a state impaired by alcohol.

Even starting the engine is legally considered commissioning. The legislator is pursuing the goal of preventing people under the influence of alcohol from gaining actual control over a vehicle at all. Anyone who operates the ignition key or starts the engine under the influence of alcohol fulfills the elements of § 5 StVO, even if no journey takes place. It remains irrelevant whether the commissioning takes place from the driver’s or passenger’s seat.

The provision distinguishes several stages of alcohol impairment:

• From 0.5 per mille, an administrative offense is committed.
• From 0.8 per mille, the driver’s license can be provisionally seized, combined with fines and retraining.
• From 1.6 per mille or in case of refusal of the breathalyzer test, particularly strict measures threaten, such as an official medical examination and a longer driver’s license revocation.
• For probationary license holders, professional drivers, and instructors, a limit of 0.1 per mille already applies.

The mere commissioning under the influence of alcohol is therefore illegal, even if no danger occurs.

Intoxication when Riding a Bicycle, E-Bike, and E-Scooter

Even those who participate in road traffic without a car must observe the alcohol regulations of the Road Traffic Regulations. The regulations apply not only to motor vehicles, but also to bicycles, e-bikes and e-scooters.

Bicycle

In Austria, a blood alcohol limit of 0.8 per mille applies to bicycles.
Exceeding this value constitutes an alcohol-related impairment and constitutes an administrative offense. In practice, high fines are threatened, which can reach several thousand euros depending on the risk situation or repetition.

E-Bike

E-bikes are treated differently legally; the motor power is the decisive factor.

• For e-bikes with pedal assistance up to 25 km/h, the same rules apply as for bicycles. The blood alcohol limit is also 0.8 per mille.
• E-bikes that can be operated without pedaling or reach a top speed of over 25 km/h are legally considered motor vehicles in the sense of § 2 KFG under certain circumstances. The stricter motor vehicle limit values apply to these vehicles. From 0.5 per mille, there is an administrative offense, from 0.8 per mille, driver’s license revocation and retraining are considered.

E-Scooter

E-scooters are legally equivalent to bicycles in Austria. They are therefore not considered motor vehicles in the sense of the KFG, but are subject to the same alcohol limits as a bicycle.
This means: Driving is generally allowed up to 0.8 per mille, beyond that there is an administrative offense.

Pedestrians

A driver’s license revocation can also be possible as a pedestrian, but only in special cases.
Anyone who is conspicuously drunk or endangers traffic on foot can be classified by the authority as unreliable in traffic. In this case, the driver’s license office may check whether the driving license is revoked.

So it is not about a penalty for walking on foot, but about doubts about the suitability to drive vehicles.
The revocation therefore does not take place because of the pedestrian behavior itself, but because of the official assumption of lack of reliability or fitness to drive as a driver.

Breath Alcohol Content Test

The police may carry out an alcohol preliminary test at any time if a person is driving, commissioning or attempting to do so. It is not necessary that there are signs of intoxication.

The same applies if a breathalyzer is immediately available on site: Even in this case, the police may conduct an alcohol measurement with the breathalyzer without specific suspicions to reliably check driving fitness and ensure road safety.

If a driver refuses the breathalyzer test without a valid medical reason, the authority automatically assumes the highest possible degree of intoxication, which is 1.6 per mille. This has serious consequences: In addition to a high fine, the revocation of the driving license and mandatory retraining courses, such a violation can also significantly endanger the insurance cover.

Driver's License Revocation Process

Provisional Seizure by the Police

In the case of serious violations, such as under the influence of alcohol or drugs, the police usually confiscate the driver's license immediately. They then forward the document to the competent authority, which examines the further procedure. From this point on, there is a driving ban until the authority finally decides on the revocation of the driver's license.

Procedure with the Authority

Procedure with the Authority

• After the report, the authority examines whether the driver's license should be permanently revoked.
  Those affected are given the opportunity to submit a statement.
  The authority then decides,
• whether a revocation occurs,
• for how long,

Competent Authorities

Competent Authorities

• Responsible, depending on the federal state, are:
• the district administrative authorities,
• the municipal authorities, or

the State Police Directorate.

Sebastian Riedlmair
Harlander & Partner Attorneys „A brief moment of carelessness or one glass too many can have far-reaching consequences; in the case of driver's license revocation, it is not the intention that counts, but the endangerment.“

Legal Remedies

Appeal to the Provincial Administrative Court

If a revocation order is served, a complaint to the State Administrative Court (LVwG) can be lodged within four weeks. The period begins on the day the order is served.

If a revocation notice is served, an appeal to the Provincial Administrative Court (LVwG) can be filed within four weeks.
The deadline begins on the day of service of the notice.

• In this appeal, the person concerned can:
• dispute the legality of the revocation,
• challenge the duration of the revocation if it appears disproportionate,

The State Administrative Court reviews the entire case in terms of content and law. It can confirm, amend or repeal the order. In some cases, the court orders an oral hearing in which the person concerned is heard personally.

The Provincial Administrative Court reviews the entire case in terms of content and legality. It can confirm, amend, or annul the notice.
In some cases, the court orders an oral hearing where the person concerned is personally heard.

An ordinary or extraordinary appeal to the Administrative Court (VwGH) is possible against decisions of the State Administrative Court.
This presupposes that a legal issue of fundamental importance is affected, for example if the decision deviates from previous case law or there is an unclear legal situation.

Against decisions of the Provincial Administrative Court, an ordinary or extraordinary appeal to the Administrative Court of Austria (VwGH) is possible.
This requires that a legal question of fundamental importance is concerned, for example, if the decision deviates from previous case law or an unclear legal situation exists.

If there is the view that constitutionally guaranteed rights have been violated by the revocation order or a court decision, the complaint to the Constitutional Court is open.

Costs of driver's license revocation (as of 2025)

• Costs of Driver's License Revocation
• Traffic Coaching: €132
• Retraining Course: €645
• Official medical report: from € 47.20

Your Benefits with Legal Assistance

A driver's license revocation is a profound cut in everyday life for many people affected, because it not only restricts personal freedom, but can also bring with it numerous follow-up problems.
In addition to the legal consequences, this often leads to professional difficulties, and there are high costs and uncertainties in dealing with the competent authorities.

Legal advice can help in this situation to plan all steps in an orderly manner and to handle the matter in a legally secure manner.

Why Legal Assistance is Important

• An experienced lawyer can:
• examine the legality of the revocation, for example, in cases of faulty measurements or unclear evidence,
• file an objection against the revocation notice and realistically assess the chances of success,
• observe deadlines and submit documents correctly,
• coordinate assessments, retraining courses, or proof of abstinence in a timely manner,

Peter Harlander
Harlander & Partner Rechtsanwälte „Whether a driver's license revocation is justified is not decided by subjective feeling, but by the legal basis. This is where the legal review begins. “

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