There are several aspects to consider when answering this question:

1. mandatory drug tests in road traffic:

Drug tests, or more precisely blood tests, have been mandatory in road traffic since 1 January 2003. If a law enforcement officer has a concrete suspicion of unfitness to drive due to drug use in the course of a traffic check, the driver concerned is sent or taken to an (official) doctor. Only after the suspicion has been confirmed by a medical examination can a blood sample be ordered. The following procedure must be followed:

1. a) Suspected unfitness to drive due to drug use
2. b) Confirmation of the suspicion on the basis of an (official) medical examination
3. c) the person concerned is obliged to have a blood sample taken

However, it is not compulsory to take a urine test.

 

2. When is a test result considered positive?

In Austria, there is a zero-tolerance principle in practice. As soon as active substances are found in the blood and the medical officer assumes that driving is unfit/impaired due to drug use, the following consequences may occur:

 

3. Consequences of a positive test result:

- Administrative fine from €800 to €3,700

- At least four weeks driving licence disqualification

- Notification to the health authority

- medical examination

• Submission of a traffic psychological statement
• Submission of a specialist psychiatric statement
• Completion of a traffic coaching course

All costs are to be borne by the person concerned.

 

4. Refusal of a medical examination or blood sample:

Refusal to do so is a criminal offence and is equivalent to an admission of guilt (StVO §99). It results in an increased fine and an extended driving licence disqualification. In addition, a retraining course must be completed.

Consequences of refusal:

- Increased administrative fine from €1,600 to €5,900
- Driving licence disqualification for six months
- Medical officer
- Traffic psychological statement - retraining

 

5. Health authority:

If the drug test is positive, a report is made to the health authorities.

The health authority prepares a medical report to determine whether there is a problematic pattern of consumption and therefore a health-related measure (SMG § 11) is necessary. These can be

1. a) medical monitoring of the state of health and/or
2. b) medical treatment, including withdrawal and substitution treatment; and/or
3. c) clinical-psychological counselling and support and/or
4. d) psychotherapy and/or
5. e) psychosocial counselling and support

If you do not comply with the measures, you will be reported to the public prosecutor's office and may face a court conviction

 

6. Detection times of the most common illegal substances in blood:

The detection times depend on:

• the type of test procedure used
• the amount consumed
• the pattern of use (occasional, regular, etc.)
• Metabolism of the respective persons

The following times are therefore only guidelines and can vary greatly from person to person.

Cannabis:
- approx. 12 hours when testing for THC
- up to 1 week for occasional use and up to 3 weeks for regular use when looking for THC breakdown products

Speed, ecstasy, LSD, cocaine and heroin can be detected for up to 30 hours

 

Sources

Dr Ewald Höld (Head of the Institute for Addiction Diagnostics)
Rainer Roppele (Head of Ex & Hopp)
Austrian Narcotic Drugs Act
Austrian Road Traffic Act
checkit! homebase esp. Martin Feigl (Legal Advisor checkit!)

According to the Austrian Narcotic Drugs Act (SMG), the acquisition, possession, transport, import and export, offering, supplying and providing of narcotic drugs is prohibited. The cultivation of plants containing narcotic drugs for the production of narcotic drugs (such as the cannabis plant, opium poppy or the coca bush) or mushrooms containing psilocin, psilotin or psilocybin for the abuse of narcotic drugs is also prohibited.

Important: the quantity does not matter - even possession or trade in small quantities (e.g. 0.1g cannabis) is prohibited. The SMG therefore does not contain the term 'personal use'.

Instead, the SMG defines the terms 'large quantity' and 'not large quantity': These quantities are defined in the "Limit Quantity Ordinance". Everything that exceeds this limit quantity is defined as a "large quantity".

The 'large quantity' always refers to the pure substance of the active ingredient. This means that extenders are not included (e.g. only the pure amount of amphetamine is measured in speed).

The distinction between "large" and "not large" quantities is important because it allows a distinction to be made between minor and serious drug-related offences. The possible sentence differs depending on the offence.

However, if the substance was only used for personal use, the public prosecutor's office must withdraw from prosecution. In some exceptional cases, this is also possible for larger quantities (e.g. if you are used to the addictive substance). A probationary period of one to two years is imposed and a report is made to the health authorities. This authority can then order health-related measures.

Health-related measures are:

1. medical monitoring of the state of health and/or
2. medical treatment, including withdrawal and substitution treatment, and/or
3. clinical-psychological counselling and support and/or
4. psychotherapy and/or
5. psychosocial counselling and support

Answer: A general medical test or urine test is carried out as part of the health check during the medical examination. However, this is not usually tested for drugs, but for possible illnesses of the person concerned (e.g. sugar). Drug tests are carried out if there is reasonable suspicion of drug use or addiction.

In the event of suspected drug use, including excessive alcohol consumption, random tests are also carried out during compulsory military service, as any consumption of illegal substances is prohibited during basic military service. Medical confidentiality is specifically regulated for the armed forces (§ 13).

In short, this means: If there is reasonable suspicion that substances are being/have been consumed, the position committee must report this to the health authorities. No criminal charges are filed. An assessment is then carried out by a doctor. A decision is then made as to whether a "health-related measure" is necessary. These could be, for example

1. medical monitoring of the state of health and/or
2. medical treatment, including withdrawal and substitution treatment, and/or
3. clinical-psychological counselling and support and/or
4. psychotherapy and/or
5. psychosocial counselling and support

Whether treatment is necessary depends on the individual consumption pattern. If there is a need for treatment, then basic military service is either postponed or the person concerned must be found unfit or discharged.

 

Sources:

Drug Coordination of the City of Vienna
Position Commission of the Austrian Armed Forces
Austrian Narcotic Drugs Act
checkit! homebase Source: Martin Feigl (legal advisor checkit!)