Sleeping drunk in a car is generally allowed in Austria

Sleeping in a car after drinking is generally allowed, but the engine must be off and the ignition switched off, ORF Kärnten reported after asking police about the issue.

Police spokesman Matthias Kogelnig said officers may assume that a person sitting in the driver’s seat has driven or is about to drive if the vehicle has been operated or the ignition is switched on. If there is a suspicion that the person is intoxicated, police can carry out an alcohol test and potentially report the case.

Whether a penalty is imposed is decided by the authorities or a court. Newer vehicles create a grey area because some are ready to drive as soon as a key or mobile phone is inside. According to Kogelnig, it remains unclear when the driver actively started such a vehicle, and the rules still need to be clarified through court decisions.

To avoid suspicion of drunk driving, Kogelnig advised people who need to sleep off their intoxication in a car to use the passenger seat or the back seat rather than the driver’s seat.

The issue arose after a 30 year old man allegedly drove a light truck while impaired in Villach Warmbad on Wednesday. Witnesses alerted police, who found the man asleep in the vehicle in a car park. Officers found him to be severely impaired, apparently also by drugs, and seized a small amount of heroin. He did not have a driving licence, and the vehicle was not his.