SKIRECHT
Criminal consequences

Alcohol check on the piste. Which powers apply?

Police and piste rescue have narrow alcohol check powers. We explain criminal procedure steps and refusal consequences.

Your personal attorney

Mag. Christopher Angerer, Rechtsanwalt

Your lawyer for ski and alpine accidents

Ski and alpine accidents are complex and emotional. One lawyer you know, from the first question to the courtroom. Strong practical background (former ski instructor, mountain rescuer and dog handler).

In larger cases, the work is handled as a team (lawyer, trainee lawyer, legal assistant). Court hearings and negotiations always remain a matter for the lead lawyer.

4 July 2026 · Mag. Christopher Angerer, Rechtsanwalt

On the piste there is no general breath alcohol power as in traffic. Criminal procedure starts only with criminal suspicion.

Relevant are section 88 Criminal Code negligent injury and section 81 Criminal Code intoxication. Hospital evidence collection follows.

Sort the check

Check the powers

Three questions clarify suspicion proof and consequences.

You already know you want to send a request? Go directly to the contact form.

01 Question 1

Who requests the check?

Actor and cause decide the power.

All paths at a glance

Overview of all answers.

01

Piste rescue first aid

Rescue may not force a test. We advise on refusal.

02

Police investigation

We defend against charges under sections 88 and 81 Criminal Code. Cause and code steps need review.

03

Hospital blood draw

The code allows blood draws on suspicion. We test legality and use.

Powers of police and piste rescue

Piste rescue may ask basics for first aid. Compulsory alcohol testing is not within their powers.

Police may investigate on suspicion under sections 88 and 81 Criminal Code. The code allows hospital examination and blood draw.

Refusal and civil consequences

Refusing breath testing on the piste is not penalised like in road traffic. It can however weigh against you.

Later actions risk contributory fault quotas. Insurers reduce benefits where intoxication is visible.

Immediate steps:

  • Take legal advice on suspicion
  • Secure medical findings
  • Document witnesses promptly
Frequently asked

Questions on alcohol checks

May piste rescue demand a breath test? +

No. There is no compulsory measurement. Basic data for first aid is fine.

What may police do after an accident? +

On suspicion under sections 88 and 81 Criminal Code the code applies. This includes a hospital blood draw.

What does refusal achieve? +

It is not punishable as in traffic. It can however count against you.

Which civil risks exist? +

Contributory fault and cuts in insurance benefits. Third party injuries raise the stake.

Had an accident?

The sooner we secure the evidence, the better we can enforce your claim. Call us directly or send an email, callback within one business day.

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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg