Is Public Intoxication Legal in Austria After the 2026 Policy Reforms?

No, Public Intoxication is not explicitly criminalized in Austria, but disorderly conduct under § 81 StGB (Criminal Code) or local administrative regulations may apply. Authorities assess intoxication levels and associated behavior, particularly in urban areas like Vienna, where municipal ordinances (e.g., Wiener Landespolizeigesetz) impose fines for disturbing public order. The 2026 amendment to the Sicherheitsgesetz tightens scrutiny on alcohol-related disturbances in public transport and tourist zones.


Key Regulations for Public Intoxication in Austria

  • Criminal Code (§ 81 StGB): Prohibits “disturbing public order” through intoxication if it leads to aggression, harassment, or obstruction of public spaces. Penalties include fines or short-term detention.
  • Municipal Ordinances: Cities like Vienna enforce local laws (e.g., Wiener Landespolizeigesetz) with fines up to €726 for public drunkenness deemed disruptive, especially near schools or transport hubs.
  • 2026 Compliance Shifts: The Sicherheitsgesetz amendment expands police discretion to intervene in alcohol-related incidents in high-traffic areas, aligning with EU public health directives on alcohol harm reduction.